HomeMy WebLinkAboutMarch 21, 2006 CCPL
mayor: Dean,IoLake Esfino City Council
Council meembermbers. "� 3800 Laverne Avenue No.
Rita Conlin TUESDAY Lake Elmo, MN 55042
StaveDeLapp % 777-5510 777-9615(fax)
Liz Johnson 1®iiarcl. 2� 2006
Anne Smith March !r ' L V
Please read: Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City
Council on each agenda item in advance; and decisions are based on this information and
experience. In addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to
Appear Before the City Council form; or, if you came late, raise your hand to be recognized.
Comments that are pertinent are appreciated. Items may be continued to a future meeting if
additional time is needed before a decision can be made.
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes:
March 6, 2006
3. PUBLIC INQUIRIES/INFORMATIONAL:
Public Ingniries/Informational is an opportunity for citizens to bring the
Council's attention any items not currently on the agenda. In addressing the
A. PUBLIC INQUIRIES:
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 INFORMATIONAL:
each person wishing to address the Council, we ask drat individuals limit their
comments to three (3) minutes. Written documents may be distributed to the
(1) Ginny Holder —Ramsey/Washington
Council prior to the meeting or as bench copies, to allow a more timely
Cable Commission Rep
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. 2006-026: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. Minutes and Structure
agenda.
C. Monthly Operating Report
5. FINANCE:
A. Annual Audit
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Building Dept.:Jim
McNamara
B. Fire Department Updates:
New recruits: Matt Mazzara and Kristine
Johnson to be placed on probation. Rick
Myran to be moved from probation to
firefighter status.
Lake Elmo City Council Agenda
March 21, 2006
P
8. CITY ENGINEER'S REPORT:
age
Tom Prew
A. Water System Interconnect Phase
IV:Resolution No. 2006-027 - Award contract to
Ellingson Drainage
B. Receive Feasibility Report for 2005
Overlay — Tablyn Park Neighborhood:
Resolution No. 2006-029
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Request for Reconsideration — Haire
Variance (8160 Hill Trail)
B. Septic System Setback Variance and
Request of Waiver of Fees:7949 Hill Trail
(Scharrer); Resolution No. 2006-028
C. Zoning Ordinance/City Code
Amendments —Home Occupations
D. Zoning Text Amendment — CUP in the
AG Zone for Outdoor Social Events:Ordinance
No. 97-167
E. Amend GB Zoning District Text
Restaurant Drive -Up Facilities: Ordinance No.
97-168
F. Village Area Master Plan
Recommendations - Next Step
G. Zoning Ordinance
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Update on RFP for Animal Control -
verbal
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
Lake Elmo City Council Meeting Minutes
March 6, 2006
City of Lake Elmo
City Council Meeting
Minutes of March 6, 2006
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m. COUNCILMEMBERS
PRESENT: Smith, Johnson, and DeLapp. STAFF PRESENT: Administrator Rafferty, Planner Dillerud, Finance
Director Bouthilet, and Recording Secretary Schaffel. ALSO PRESENT: City Attorney Filla.
L AGENDA
M/S/P, Johnson/Smith to accept the Agenda as presented. Vote: 4:0.
2. MINUTES
M/S/P, Johnson/Smith to accept the Minutes of December 6, 2005 as presented. Vote: 4:0.
MINUTES OF JANUARY 17, 2006
Mayor Johnston said he called the meeting to order. Councilmember Smitli said that Page 6, large paragraph, 95%
who contacted her do not support a 4 year term. Page 7, 4:1 vote, Smith hinted to move forward with the purchase
of the Gen Tek. Page 10, 2/3 down, closed at 9:44, Smith liked the id"a'of being able to_drive to a service window
for safety and convenience reasons. Page 12, 4°i paragraph, pictures are worthless because there are no
measurements. 2/3 down, Smith said she called into question 04validtty ofthe Resolution because it was never
published. Page 14, he not she under Council Member Johnson.
M/S/P, DeLapp/Smith to accept the Minutes of
MINUTES OF JANUARY 24, 2006
Page 2, Smith 24,000 and 6,600 REC units —
Council office assured Lake Elmo would n9t
left the table at 6:42 to chair the county plan
M/S/P, Johnson/Smith to accept
MINUTES OF JANUARY 27200
Mayor Johnston paragraph a ut the
sentence with silent above, Flat
as amended. Vote: 4:0.
Bell and his staff present at meeting at Met
agreed upon numbers. Councilmember DeLapp
as amended. As amended. Vote: 4:0
intent for it to be silent page two. Paragraph two delete
M/S/P, Johnson/Smith to accept the Mhrdfes of January 27, 2006 as amended. Vote: 4:0
MINUTES OF FEBRUARY 7, 2006
Mayor Johnston, page 9, middle, Councilmember DeLapp Item C, speculative and inflammatory strike two
paragraphs where he said he phoned Sedro. Remove from last page Mayor and administrator said they would take
care of it. Mayor Johnston, page 9, agreed DeLapp contacted Pulkrabek and recommended Sedro to county
planning commission. Strike first sentence indicating job was not done on page 10.
M/S/P, Johnson/Smith to accept the Minutes of February 7, 2006 as amended. Vote: 4:0.
MINUTES OF FEBRUARY 21, 2006
M/S/P, Johnson/Smith to accept the Minutes of February 21, 2006 as presented. Vote: 4:0.
3. PUBLIC INOUIRIES/INFORMATIONAL
A. PUBLIC INFORMATIONAL
Sheriff Steve Putt said there was a marijuana arrest in the city Friday at 2270 Manning Trail. 2 people are in
custody. The police confiscated plants, cocaine, methanrphetamines, guns, and ready for sale marijuana. The home
is owned by the woman arrested. He said it would be shortsighted to think drugs are not in the community. In a
Lake) Imo City Council Meeting Minutes
March 6, 2006
recent student survey, the use of marijuana has increased significantly. Growing and warehousing is more a
problem in this area than distribution.
B. PUBLIC INQUIRIES
No inquiries.
4. CONSENT AGENDA
A. RESOLUTION NO.2006-023:APPROVING CLAIMS
B. LEASE AGREEMENT: WASHINGTON COUNTY FAIRGROUNDS — CLEAN UP DAY
M/S/P, Johnson/Smith to adopt Resolution No. 2006-023 approving claims in the amount of $427,452.21 and
approving a lease agreement with Washington County Fairgrounds for Clean up Day. Vote: 4:0.
5. FINANCE
No report.
6. NEW BUSINESS
No new business.
7. MAINTENANCE/PARK/FIRE/BUILDING
A. PARKS DEPT.:LANDSCAPING AT LAKE ELMO A ITS C:
Administrator Rafferty said Bob Meyer requested expanding ark o the
landscaping surrounding the Art Center. A presentation was ma\\e to Pa
recommended.
M/S/P, Smith/DeLapp to support Robert Meyer's
Elmo Art Center, Vote: 4:0.
B. UPDATE ON FIRE DEPT.
No report. Postponed.
8. CITY
No report.
ironment in the form of
ission and unanimously
of creative gardens at the Lake
9. PLANNING, LAND USE & ZONING,
A. 1990 PART{ PLAN UPI?ATE
The Planner said the Parks Commission unanimously recommended a $20,000 increase to the CIP to hire a
consultant to update the 1990 Park Plan: The Park Plan will be needed to determine the need for community
playfields among other needs
M/S/P, Johnson/Johnston to begin the consultant solicitation process and set a CIP hearing to amend the 2006 CIP
increasing the Park Plan project from $5,000 to $25,000.
Council Member Smith said even now we do not have enough ball fields according to Parks Commissioners Todd
Bruchu and John Heroff.
Councilmember Johnson said part of Council's role is to identify the needs of current and future Lake Elmo
residents, and to manage the People's business. It is more efficient to hire a consultant and keep staff low.
Administrator Rafferty said parks are being inventoried and will soon be finalized. A needs assessment was
requested after discussion with Oakdale about a joint park. The Park Plan needs to be updated since 1990, That
will give us a vision for today and into the future.
Lake Elmo City Council Meeting Minutes
March 6, 2006
Vote: 3:1 No — DeLapp: Councilmember DeLapp is opposed because he does not see how it benefits existing
residents. Dollars for downtown plans have not been spent yet. Commissioner Todd Bruchu can tell Council what
the city needs, and we don't need to spend money on a consultant. We do not need to pay someone to tell us what
we need when we already know we need it.
B. ZONING VARIANCES — HAIRE, (8160 HILL TRAIL);
RESOLUTION NO.2006-024
The Planner explained the variance request for a complete tear -down of an existing home and construction of a new
home. He said the Planning Commission recommended approval on a vote of 5:4. Two variances are required for
the setback distance from OHW and construction of a new home on a lot substandard by area.
M/S/P, DeLapp/Smith to adopt Resolution No. 2006-024 denying zoning variances for 8160 Hill Trail based upon
facts and data included in the staff report and Planning Memo of February 13, 2006, VOTE: 4:0.
C. ORDINANCE NO.97-166 RELATING TO PRIVATE WELLS/RES6LUTION NO.2006-025
DECLARING POTENTIAL HAZARD
The City Attorney prepared two actions for Council to consider. One has;c ty wrd& application to allow the sealing
of wells when city water becomes available and the other is for an area where a potential hazard exists. The report
should say sink faucet not sick faucet. City Attorney recommends changing
M/S/P, Smith/Johnson to adopt Ordinance 97-166 amending
private well which has been declared to be a known or poten
shall be sealed pursuant to the regulations of the Minne$00
M/S/P, Smith/Johnson to adopt Resolution No.
add that "all of the private residential wells in t
contamination and draw water from the sarne a
10. CIT
No report
11. CITY ADMINISTRATOR'S RI
A. WORKSHOP 01MARCH
Next week at the CowrcildCshop at
retained by the City as of the Village P.
The Mayor said at the next council
12. CITY COUNCIL REPORTS
A. MAYOR JOHNSTON
B. COUNCIL MEMBER CONLIN
Absent
" V
Nucetto sink faucet and adding 600.21 B. A
.altb1azard by resolution of the city Council
of HeAth. Vote: 4:0
,M
Id "as illustrated by Exhibit A" and to
downstream from the source of
ESE,NTATION OF OLD VILLAGE PLAN
. (televised) will be the presentation by the Bob Engstrom 'Team
Planning Commission will be invited to attend.
the Council will take action to decide how to present it to the public.
C. COUNCIL MEMBER DELAPP
a. Wastewater from wash bays at gas station may be going into the ground at Cenex.
b. Inwood street signs wired in and wondering if it was done. Budgeted money for speed signs.
Administrator Rafferty said we have one and it is deployed by the Sheriff's office.
c. After flurry of letters from Mary Devine in Afton, and it is obvious that Met Council is barely
hitting horizon on townships. What we have been imposed with is a seven county issue. They do
not necessarily have to sit down and take it alone. EAW called for 1.7 million gallons capacity to
Lake Elmo and 2 million concurrently to communities along I-94. They are being told they have to
take it but they don't.
Lake Elmo City Council Meeting Minutes
March 6, 2006
Wonderful local newspaper coverage of the Lake Elmo Inn and their recent awards.
E. Council Member Smith
Chelsea Jones with the Stillwater Ponies is somebody to watch.
Employee and Volunteer Recognition Banquet, Friday, March 10, 6 p.m., Tartan Park
Board of Review on May 3 from 4-6 p.m.
Clean-up Day June 3
Council Workshop:March 14, 6 p.m.
Adjourned at 7:29 p.m.
Respectfully submitted,
Kimberly Anez
Recording Secretary
MINUTES APPROVED: March 7, 2006
LAKE ELMO CITY COUNCIL MINUTES
DECEMBER 6, 2005
1. AGENDA
2. MINUTES; November 15, 2005
3. PUBLIC INQUIRIES/INFORMATIONAL
A. Public Inquiries
B. Public Informational
(1) Donation to Lake Elmo: Betsy Lundquist
(2) John Elholm — Lake Elmo Park Reserve Master Plan
4. CONSENT AGENDA:
A. Resolution No. 2005-128: Approving Claims
B. Resolution No. 2005-130: Statutory Tort Limits on Liability Insurance
C. 2006 Liquor Licenses
D. Resolution No. 2005-129:Partial Payment to Tower Asphalt for Hilltop
Avenue
E. Workers' Compensation for Elected Officials; Resolution No. 2005-140
5. FINANCE:
A. Tax Levy Adoption:Resolution No. 2005-131
B. General Fund Budget:Resolution No. 2005-132
6. NEW BUSINESS:
A. Out -of -State Travel Policy for City Council: Resolution No. 2005-133
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Fire DepartmentYromote Mutual Aid Agreement; Resolution No. 2005-
134
B. (1) Building Department:Update on Building Activities
(2) Council Discussion of Side Yard Retaining Wall — verbal
(3) Relationship of Garage to Home Size — Verbal
8. CITY ENGINEER'S REPORT
A. Resolution No. 2005-135:Accept Feasibility Report for Phase IV Water
System Interconnect Project and Order Public Hearing
B. Agreement for Overhead Street lighting on 10t' Street and Keats Avenue
C. Revised Authorization for Professional Services: Civil Defense Sirens -
Verbal
9. PLANNING, LAND USE, AND ZONING:
A. Final Plat, Final PUD Plan and Site Plan — United Properties:Resolution
No. 2005-136
B. 2006-2010 Capital Improvements Program (CIP): Resolution No 2005-
137
C. Final Plat and Development Agreement: Sanctuary of Lake Elmo;
Resolution No. 2005-138
D. CDBG Application; Resolution No. 2005-139
10. CITY ATTORNEY'S REPORT:
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005
A. Council Discussion Public Communication Personnel Issues'- Council
Member Johnson — verbal
11. CITY ADMINISTRATOR'S REPORT:
A. Snowmobile Ordinance; Ordinance No. 97-164
B. 3M Park Donation— Verbal
12. CITY COUNCIL REPORTS:
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
chambers. PRESENT: Conlin, Smith, Johnston, Johnson, DeLapp, City Engineer Prew,
City Planner Dillerud, City Attorney Filla, Building Official McNamara, Finance
Director Tom Bouthilet and Administrator Rafferty.
L AGENDA
5A. Public Hearing tax adoption; Nov lst meeting minutes reconsidered; 1 OB. Update by
City Attorney on closed session.
M/S/P Johnson/DeLapp - to approve the December 6, 2005 City Council agenda, as
amended. (Motion passed 5-0).
2. MINUTES; November 15, 2005
M/S/P Johnson/Smith - to approve the November 15, 2005 City Council Minutes, as
amended. (Motion passed 4-0-1: Abstain:DeLapp).
MINUTES: November 1, 2005.
M/S/P Johnson/Johnston - to reconsider amending November 1" City Council Minutes.
(Motion passed 5-0)
Amendments to November lst Council meeting will be in bold print.
3. PUBLIC INOUIRIES/INFORMATIONAL
A. Public Inquiries
Susan Dunn asked if the Lake Elmo Comprehensive Plan had been submitted to the
neighboring communities and the Met Council. The City Planner responded that the
City's Comp plan had been submitted to the Metropolitan Council and the neighboring
communities, school districts and Watershed Districts. He explained when the Met
Council staff received the Plan for review there were things they would like to see and
found it incomplete... recognizing what they are defining what is complete.
Council member DeLapp asked for a detailed set of minutes of the November 19"'
hearing where Council members Johnston and Smith, Administrator Rafferty and Planner
Dillerud met the Met Council staff members. He said the purpose of the meeting was to
discuss litigation deficiencies the Met Council staff expected to see in the Comprehensive
Plan.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005
B. Public Informational
(1) Donation to Lake Elmo: Betsy Lundquist
Brad Winkels, President of the Lake Elmo Fire Relief Association, read a letter from the
Lundquist fancily describing their father, Bill Lundquist, as a man who always wanted to
be involved in his community. Bill Lundquist supported the Lake Elmo Fire Department
and touted their skill and needs to everyone and made a $20,000 donation to the relief
association.
M/S/P DeLapp/Conlin — to install a plaque of thanks on the wall of the Lake Elmo Fire
Station in recognition of Lundquist donation to the Firemen Relief Association and the
community over the years. (Motion passed 5-0.)
(2) John Elholm — Lake Elmo Park Reserve Master Plan
County Parks Director Jim Luger and Larry Walker, reviewed the Lake Elmo Park
Master Plan draft that contained additions of a natural & cultural resource
protection/restoration, interpretation, camping, picnicking, water based facilities, trails
(cross country ski trails) (mountain bike) (paved trails), miscellaneous facilities (archery)
(winter recreation)
John Elholm, Washington County Senior Parks Planner, stated that most of the plan was
based on public comments. Suggestions were approved or rejected based on how well
the proposed item fit into the area and the park's purpose
Mike DeNoma, who lives on Klondike Avenue, said he supported what they have done
but had concerns on who pays the cost of this unimproved road.
The City Plainer responded this is a critical part of the systems plan which focuses on the
Old Village that we never had before. This will be a City project.
Mr. Luger said the County officials are expecting to have a final draft available in early
January with a public hearing tentatively slated for February or March. The County
board will vote on the plan after the public hearing, and if approved, it would be sent to
the Metropolitan Council for review. The reserve is a regional park and as such, the
council works with the county to develop policies that fit into the overall system and its
priorities.
Mr. Elhom said this is really a vision for the next 15 years. There may be nothing
happening even with the plan in place for years. It guides development as funds become
available.
Council member DeLapp asked questions - if there is a provision for ultimate buyout,
what are the current canopy and the proposed canopy. Mr. DeLapp said he received a
letter from Bob Schumacher, Chair of the Lake Elmo Parks Commission, asking where
these trails came from. Mr. Luger said he would take all the questions and add to the draft
which will be made public.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005
The Council said it appreciated the opportunities for discussion because preserving the
park reserve is a very important item to Lake Elmo.
M/S/P DeLapp/Conlin - to schedule a workshop meeting with our three City
representatives on the Lake Elmo Park Master Plan Draft Committee and extend an invite
to the Parks Commission. (Motion passed 5-0.)
4. CONSENT AGENDA:
A. Resolution No, 2005-128: Approving Claims
M/S/P Johnson/Conlin - to approve Resolution No. 2005-128, A Resolution Approving
claim numbers 292 through 295, DD573 through DD582, 28269 through 28308 which
were used for Staff Payroll dated November 23, 2005; claims 28309 through 28350, in
the total amount of $448,493.35. (Motion passed 5-0).
B. Resolution No. 2005-130: Statutory Tort Limits on Liability Insurance
The Finance Director reported the City obtains liability coverage through the League of
Minnesota Cities Insurance Trust for buildings and vehicles. The coverage also covers
tort liability. Because of this coverage, the City must decide whether or not to waive the
monetary limits on municipal tort liability as established by Minnesota Statutes 466.04.
He noted that the City has elected not to waive the tort liability and staff recommended
that the City adopt a resolution stating that the City does not waive the monetary limits on
municipal tort liability.
M/S/P Johnson/Conlin - to adopt Resolution No. 2005-130, A Resolution Stating the City
of Lake Elmo Does Not Waive the Monetary Limits on Municipal Tort Liability.
(Motion passed 5-0).
C. 2006 Liquor Licenses
M/S/P Johnson/Conlin - to grant a 2006 On -Sale intoxicating liquor and On -Sale Sunday
intoxicating license to 3M Club of St. Paul (Operators of Tartan Park) and to the Machine
Shed Restaurant by Heart of America Restaurants and Inn; based on approval of the
Washington County Sheriff's Department. (Motion passed 5-0).
M/S/P Johnson/Conlin - to grant a 2006 On -sale intoxicating liquor, Off -Sale intoxicating
liquor, and On -Sale Sunday intoxicating liquor license to the Twin Point Tavern and
Lake Elmo Inn; based on approval of the Washington County Sheriff's Department.
(Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 4
D. Resolution No. 2005-129:Partial Payment to Tower Asphalt for Hilltop
Avenue
The City Engineer reported that Tower Asphalt has completed the 2005 Street Repairs -
Hilltop Avenue. The only work remaining is to make sure the grass seed comes up in the
spring. The City Engineer recommended approval of Partial Payment No. 2 in the
amount of $115,822.71,
M/S/P Johnson/Conlin - to approve Resolution No 2005-129, A Resolution Approving
Partial Payment to Tower Asphalt in the amount of $115,822.71 for work completed on
2005 Street Repairs -Hilltop Avenue, as verified by the City Engineer in his memo dated
December 1, 2005. (Motion passed 5-0).
E. Workers' Compensation for Elected Officials; Resolution No 2005-140
The Finance Director reported Minnesota Statute 176.001 subd.9, (5) provides that
"municipal officers elected or appointed for a regular term of office" are considered to be
employees for workers' compensation purposes only if the City has passed an ordinance
or resolution to that effect. This would provide coverage for elected officials injured
while performing his or her duties.
M/S/P Johnson/Conlin - to approve Resolution No. 2005-140, A Resolution Regarding
Workers' Compensation Coverage for Elected Officials. (Motion passed 5-0).
5. FINANCE:
A. Tax Levy Adoption:Resolution No 2005-131
The Mayor opened up the subsequent Hearing at 8:47 p.m. in the City Council chambers.
There were no comments.
The Mayor closed the Hearing at 8:48 p.m.
The Finance Director provided two resolutions for Adoption of the Final 2006 Budget
and Levy. He reported the 2006 proposed tax rate remains the same as 2005 and reflects
an 11.74% increase in the Levy which is attributed to an increase in property valuations.
Future development related fees accounts for 88% of the total increase in revenue.
M/S/P Johnston/Smith - to adopt Resolution No. 2005-131 Adopting the Final Tax Levy
in the total amount of $2,149,940. (Motion passed 5-0).
B. General Fund Budget:Resolution No 2005-132
M/S/P Johnston/DeLapp resolution No. 2005-132, A Resolution Adopting the proposed
2006 General Fund Budget in the amount of $3,566,804, (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005
6. NEW BUSINESS:
A. Out -of -State Travel Policy for City Council: Resolution No. 2005-133
State Statutes 471.661 states that by January 1, 2006, the governing body must develop a
policy that controls travel outside the State of Minnesota for the applicable elected
officials of the relevant unit of government. A draft policy was provided for Council
review.
M/S/P Johnson/DeLapp — to delete "reasonable" and in #6 as amended add after tips
"under $10". (Motion passed 5-0.)
M/S/P Smith/DeLapp - to approve Resolution No. 2005-133, as amended, the City of
Lake Elmo Elected Officials (Mayor and City Council) Out -of -State Travel Policy.
(Motion passed 5-0).
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Fire Depaartment•Promote Mutual Aid Agreement, Resolution No. 2005-
134
At its November 15th meeting, the City Council delayed action on this item so that the
Fire Chief could provide the March 10, 2005 memo which lists the nine steps needed for
initial implementation. The Council received a copy of this memo.
M/S/P Johnson/Smith - to adopt Resolution No. 2005-134, A Resolution Promoting the
Use of Intrastate Mutual -Aid Agreements. (Motion passed 5-0).
B. (1) Building Department:Update on Building Activities
The Building Official reported there were two new residential building permits issued
and no new commercial building permits for the month of November.
(2) Council Discussion of Side Yard Retaining Wall — See City Attorney's
Report
(3) Relationship of Garage to Home Size — See City Attorney's Report
8. CITY ENGINEER'S REPORT:
A. Resolution No 2005-135•Accept Feasibility Report for Phase IV Water
System Interconnect Project and Order Public Hearing
The City Engineer provided and summarized a Water Systems Interconnection Phase IV
Feasibility Report. He said the City has undertaken a project to build an elevated storage
tank at the new Public Works site near the Intersection of Ideal Avenue and TH5. A
trunk water main is necessary to connect the water tower to the remainder of the water
system. He said to accomplish this; a 16-inch water main is required from the water
tower to the intersection of CSAH6 and TH5. This water main would lie in the south
boulevard of TH5. There are a few commercial properties along TH5 that will receive a
benefit and will have the ability to connect to this water main.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005
M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-135, A Resolution Receiving the
Feasibility Report and Calling A Hearing for January 17, 2006 on the Water Systems
Interconnection — Phase IV Project. (Motion passed 5-0).
Council member DeLapp brought up his concern on the City not requiring sprinkling the
buildings because of the interpretation of State Building Codes and Standards. Council
member DeLapp will work with staff on reinstating the sprinkling ordinance.
B. Agreement for Overhead Street Liehtine on 10a' Street and Keats Avenue
The City Engineer reported Washington County is requesting that the City enter an
agreement to place a street light at the intersection of CSAH10 and CSAH19 near the
entrance to the Park Reserve. Because of the size of the intersection, two lights may be
necessary to adequately light it. He said this is a standard agreement which calls for the
County to prepare the plans and the City to pay for the electricity and maintenance. The
City Engineer recommended approval of this agreement with the stipulation that the light
is a shoe box style or cut-off cobra head that meets City Code.
Council members asked what the basis was for this street lighting request and asked the
City Engineer to go back to Washington County to find out their reasoning and purpose
behind this request.
M/S/P Johnson/Conlin — to direct the City Engineer to contact Washington County as to
basis for determining the need for the overhead street lighting request on 10`h Street and
Keats Avenue and bring back the reasoning to the Council. (Motion passed 5-0
C. Revised Authorization for Professional Services: Civil Defense Sirens -
Verbal
The City Engineer reported the City will provide civil defense coverage to that portion of
the City not presently covered, in accordance with the Fire Protection Need Study done
by DSU Research dated March 2005. Compensation for the services shall be an
estimated amount of $14,626.
M/S/P Johnson/Johnston - to approve the revised authorization for professional services
for civil defense sirens. (Motion passed 3-2: DeLapp said the numbers of sirens are
excessive, Smith)
9. PLANNING, LAND USE AND ZONING•
A. Final Plat Final PUD Plan and Site Plan — United Properties: Resolution No.
2005-136
The City Planner reported the Planning Commission recommended approval of the Final
Plat, Final PUD Plan and Site Plan submitted by United Properties to crate a 3.7 acre lot
as Eagle Point Business Park 5`h Addition and construct a 30,000 square foot office
building at the northwest corner of Hudson Blvd. and Eagle Point Blvd.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 7
The Planner explained the applicant's graphics and documentation found the proposal
compliant with applicable City Code and PUD Plan requirements and the applicant has
agreed to adjusting the location of the building a few feet easterly (to overcome a setback
variance) and submit a photometric plan for the exterior lighting of the site.
M/S/P DeLapp/Smith - to adopt Resolution No. 2005-136, A Resolution Approving the
Final Plat of Eagle Point Business Park 5tn Addition and a Final PUD Plan and Site Plan
for a 30,000 square foot office building on Lot 1, Block 1, Eagle Point Business Park 5"'
Addition. (Motion passed 5-0).
B. 2006 2010 Capital Improvements Program (CIP) -Resolution No. 2005-137
The City Planner reported the Planning Commission conducted the required Public
Hearing on November 28, 2005 and recommended approval of the 2006-2010 Capital
Improvements Program as presented by City Staff. The Park Commission had completed
its review and recommendations regarding the CIP at it November 21 meeting, and those
recommendations were incorporated into the draft CIP presented to the Planning
Commission.
Tom McCormick, 12276 Marquess Way N., questioned the Parks CIP, specifically the
amount allotted for the Carriage Station Park, which would service 110 homes and
approximately 300 children compared to the money budgeted for Heights Park servicing
only 27 homes.
Council member DeLapp said he would support more money designated to Carriage
Station Park.
This agenda item will be discussed at a later Council meeting.
C. Final Plat and Development Agreement Sanctuary of Lake Elmo:
Resolution No. 2005-138
The City Planner reported Lake Elmo Development Company has provided a Final Plat
and Final landscape plan for this 55/62 lot OP development on 175 acres for which the
Council approved a Preliminary Plat and OP development Stage Plan/CUP on October 4,
2005. He said staff reviewed the Final Plat and construction plans and finds that the
developer has complied with and/or incorporated these specific project design conditions
of the Preliminary Plat approval resolution. He noted that Outlots G through M will not
be legally buildable until such time as the Zoning ordinance is amended to allow 18 units
per 40 Acres in OP projects as prescribed by the adopted Comp Plan. Once the code
amendment is adopted by the City, the owner of the seven outlots will need to have a new
Final Plat approved converting those outlots to buildable lots.
City staff prepared a Development Agreement for the project.
M/S/P Smith/Conlin - to adopt Resolution No. 2005-138, A Resolution Approving the
Final Plat, Final OP Plan and Development Agreement of "Sanctuary of Lake Elmo".
(Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005
D. CDBG Application, Resolution No. 2005-139
The City Planner reported Washington County is soliciting 20006 CDBG applications
from communities. To date the City has received CDBG contract obligations totaling
$120,000 for the Cimarron Gas Service Replacement Program. He said that program is
underway, with eligibility interview complete for the initial block of 200+ homes and out
of that group, 62 homeowners have been interviewed and as many as 54 will be eligible
for grant assistance. Work will commence on those homes in early 2006.
The Planner explained depending on the outcome of the re -solicitation of bids for the
work, it appears that the $120,000 now under contract will be sufficient to complete the
work on well under 100 homes. He suggested the Council consider again applying for
CDBG funding to both inspect the balance of the CDBG units and to provide further
grant funds for additional eligible home owners from the Phase 1 group and the group
that results from the additional inspections. A suggested $80,000 is applied for from the
2006 CDBG program.
M/S/P Johnston/Johnson - to adopt Resolution No. 2005-139, A Resolution Approving
the City's 2006 CDBG application. (Motion passed 5-0).
10. CITY ATTORNEY'S REPORT:
A. Council Discussion Public Communication Personnel Issues — Council
Member Johnson — verbal
With the variety of meetings we have, Council member Johnson voiced her concern that
many times they talk about situations in the City and try to identify what has been done
or not done, and sometimes come close to violating personnel laws in questioning staff
performance rather than generalizing. Attorney Filla explained from a legal standpoint
employees are entitled to a performance evaluation at a non public setting. If you step
over the line, the rights of the employee are not being upheld.
B. Update on Closed Meeting
Attorney Filla reported on the closed meeting where he met and talked about issues in the
Sessing lawsuit, things that should be expanded in the lawsuit and things that came up
that the Council thought should be discussed at a public meeting such as:
(1) Size of Garage to Residential Dwelling
(2) Allowed Uses for Side Yard Setback
(Please refer to the December 5, 2005 letter from Jerry Filla, which is made part of these
minutes, for his review on these sections of the code.)
Size of Garage to Residential Dwelling_
Attorney Filla summarized the information he stated in his letter dated December 5,
2005. He also stated that based on information he has shared in the past, terminology in
the code book is inconsistent or not clearly defined in regards to accessory building,
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 9
accessory structure, dwelling unit, garage and the definition of total square footage of a
dwelling area.
What we need to figure out is the actual usage of the garage area and then can start
making comparisons in terms of square footages, one to another. Also need to figure out
if the accessory building is intended for the storage of passenger automobiles, as then it
cannot exceed 1000 square feet. Currently the City does not know how much is intended
for use of passenger automobiles.
The Council took no further legal action in regards to Size of Garage to Residential
Dwelling at this time. The council identified that in the future we need to fix the code
and this item should be added to a Council Workshop meeting.
Allowed Uses for Side Yard Setback:
Attorney Filla summarized the information he stated in his letter dated December 5,
2005. Personal recollection, when the City Council adopted resolution 99-37, it was
because they were being asked to expand the definition of landscaping to include
fieldstone as a form of ground cover and landscaping. It was not presented to the City at
this time as an overall drainage plan. The code is clear that the property owner needs to
maintain the side yard setback area in an attractive and well -kept condition. It appears
that the materials currently there are not maintained in this manner.
Mayor Johnston stated that the City has a responsibility to manage run off and grading
and implied in that responsibility is an authority to manage things that affect grading and
run off. In his opinion, whether a retaining wall is put in with or without approval, it has
an impact on grading and the City has the authority to control grading and control run off
and it is quite clear that the retaining wall was put in without authorization and in fact has
a detrimental affect on run off and the City should be requiring that the retaining wall be
removed.
Council member Smith pointed out that the property owner has stated verbally and it is in
writing that the structure we have been referring to is a retaining wall.
Attorney Filla stated that in this case the City would be hard pressed to say that the
property owner could not use fieldstone on this property. He said that he didn't believe
draintile was a permitted encroachment in the side yard. He said the City is on very
weak grounds regarding size of garage to residential dwelling and the Council needs to
tell staff what regulations they want to see regarding garage size versus house size. Then
staff can tell the Council how to fix the code.
Council and attorney discussion identified that there are four primary items in the motion
that encompasses all that was stated: Pet containment system that crosses over the
property line; retaining wall, drainage system; and the berm.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 10
M/S/P Smith/Johnston - to direct the staff to take enforcement action against the property
owner of 5699 Keats Avenue by requiring all four illegal structures need to be moved to
the required 10' side yard setback: the pet containment system, retaining wall, drainage
system and manmade berm, the natural drainage pattern needs to be restored and a legal
landscape material used in the required side yard setback (sod, seed, mulch and
plantings); the removal of the structures and restoration of natural grade along with
appropriate landscaping needs to be done from the screening structure on the cast to the
end of the retaining wall on the west. The 4" drainage pipe that runs under the driveway
and is laying in the required 10' side yard setback needs to be removed and that water
needs to be redirected to stay on the Sessing property. (Motion passed 5-0.)
Attorney Filla also noted that the property owner had been instructed to install gutters and
change the drainage so that it goes across the driveway to the southeast. As of now, the
property owner has not done as directed. The Council said they would take a wait and
see what happens on this.
Joan Ziertman said it had been discussed at a previous Council workshop and she would
like to know what the legal bearing would be that the inspector interpreted the code for
23 years that you cannot have more garage space than the size of the principal building.
She felt this needed further discussion. Mayor Johnston responded that the City Attorney
has interpreted the code, that there is no legal basis, and the City has to fix this section of
the code.
11. CITY ADMINISTRATOR'S REPORT:
A. Snowmobile Ordinance; Ordinance No 97-164
The Administrator explained he had a visit from the homeowner and the snowmobile
problem has not been eliminated. The City has to have this ordinance in place in order to
be enforced by the Deputies and recommended passing the ordinance.
Valdi Stefenson, representing two organizations the Stillwater Snow Lords and Star Trail,
said they were in opposition to adopting this ordinance as this would be bad public policy
to make a revision upon one single complaint. This ordinance will negatively impact
other residents and is much stricter than state or county regulations. He said it was his
understanding that the problem with the affected homeowner was resolved by moving the
trail.
M/S/P Johnson/Johnston — to adopt Ordinance No. 97-164, A Snowmobile Ordinance.
As presented. (Motion passed 3-2: Conlin, Johnson).
Council member Conlin voiced her concern that in her neighborhood a snowmobile could
be within 50' of a residential dwelling not owned by the operator and still be on her
property because her lot is only 95' wide.
Attorney Filla said this is a common problem and asked where you draw the line. I Ie said
it's difficult to craft an ordinance to fit all neighborhoods.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 11
M/S/P DeLapp/Johnston - to reconsider the motion. (Motion passed 5-0).
The Council tried to develop language that would meet the needs to insure the safety
issue to children and prevent snowmobiles being a nuisance, but was not successful.
M/S/P Johnston/Johnson - to table this agenda item until the December 20th Council
meeting. (Motion passed 5-0).
B. 3M Park Donation — Verbal
The City Administrator reported he, Chuck Dillerud, and Tom Bouthilet had a meeting
with staff members from the City of Oakdale regarding the donation by 3M announced in
the newspaper. He said it was a positive discussion and it was made certain that a
donation of this sort would be a joint venture. They set the right tone and plan for the
future in how this facility might mature into a park with a partnership. The Oakdale City
Administrator will go back and discuss with its leadership in Oakdale. He said he has met
with 3M representatives as well.
Council member Johnson stated the City had not approved any partnership before the
announcement in the newspaper. Council member DeLapp stated that a community
playfield in this area was never part of our park plan. He said the City would be heading
in the wrong direction because the plan was to centralize the ball fields in the Old Village
area.
12. CITY COUNCIL REPORTS
Council Member Johnson thanked Mike Bouthilet and staff for their quick response in
repairing the waterman that burst after all the snowplowing they had done.
Council adjourn the meeting at 10:56 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 12
AMENDED& APPROVED:MARCH 6, 00
City of Lake Elmo
City Council Meeting
Minutes of January 17, 1/•
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m. with the Pledge
of Allegiance. COUNCILMEMBERS PRESENT: Smith, Johnson, DeLapp, and Conlin. STAFF
PRESENT: Administrator Rafferty, Planner Dillerud, Finance Director T. Bouthilet, Building Official
McNamara, Superintendent M. Bouthilet, Chief Malmquist, and Recording Secretary Schaffel. ALSO
PRESENT: City Attorney Filla and City Engineer Prew.
1. Agenda
The Administrator asked to add 11E-Verbal Report on Oakdale Joint Park. Fire Chief asked to add
7C-Fire Department Updates. The City Attorney asked to speak about Systems Statement-91).
Councilmember DeLapp asked to talk about Chris Georgacas' comments at Boutwell's Landing last
week under 9E and also for the Sprinkler Ordinance and about sprinkling the new Maintenance Shop
as 7D-Sprinkler/Maintenance Shop. The Mayor asked to add the Presentation of the Plaque to Gloria
Knoblach-3A.
M/S/P, Johnson/Conlin To approve the Agenda as amended. VOTE: 5:0.
2. Minutes
a. December 6, 2005
M/S/P, Smith/Johnston, To postpone the Minutes of December 6, 2005 for two weeks because
Councilmember Smith's is missing one sheet from an attached document and there are several
inaccuracies.
The Mayor agreed more time was needed. VOTE: 5:0.
b. January 3, 2006
Councilmember Conlin asked for a change to Page 2 under Public Inquiries Animal Control.
Change to comment of "what she called untruths." Page 7 is confusing because she
understood the wording in the center paragraph by Councilmember Smith regarding imposing
fees, actually became part of the paragraph amended by the remedial measures document by
the City Attorney. She would like that to be evident in the minutes. Councilmember DeLapp
asked to Page 6, 3rd paragraph, add words from resident Sue Dunn where she addressed the
need to modify the Village Master Plan and add "include sparing trees in our urban forest."
Councilmember DeLapp said the next two pages are a series of one liners and then a
resolution. Staff should work to incorporate the one liners into something meaningful, to work
as a team.
M/S/P, Johnson/Conlin, To approve the Minutes of January 3, 2006 as amended. VOTE: 5:0.
3. Public Informational
a. Presentation to Gloria Knoblach
M/S/P, Smith/DeLapp, To authorize the Mayor to sign the plaque and present it to Gloria
Knoblach in recognition of spearheading the Friends of Lake Elmo Library resulting in the
library returning to Lake Elmo. VOTE: 5:0.
Lake Elmo City Council Minutes of January 17, 2006
b. Lake Elmo Jaycees Donation
Administrator Rafferty introduced representatives of the Lake Elmo Jaycees who donated
proceeds from fundraising. Jaycees' President Josh Ackerman and Michelle Carlson presented
a donation in the amount of $10,000.00. The Mayor thanked the Jaycees and said the City will
use part of the funds for the Staff and Volunteer Recognition Dinner.
4. Consent Agenda
a. Approving Claims
b. Trade-in 321 Case Loader for 580 Case Backhoe
1. Resolution No. 2006-007
2. Resolution No. 2006-008
M/S/P, To adopt Resolution No. 2006-008 approving claim.
M/S/P, Johnson/Conlin, To approve 4A1 and 4C on the Consent Agenda.
Councilmember DeLapp said gas should be purchased downtown. The Finance Director said
the Building Department fuels up at the other station, and they will be notified.
VOTE: 5:0.
M/S/P, Smith/Conlin, to Approve 4A2 on the Consent Agenda. Councilmember Johnson
recused herself. VOTE: 4:0:1 Abstain: Johnson.
c. Pay Scale Adjustment
M/S/P, Johnston/Smith, To adopt the 2006 Employee Pay Plan.
Councilmember DeLapp said City employees might be getting disproportionate increases.
The City used to use the Stanton Survey of comparable cities to determine increases. The
Mayor said he agrees but said we should approve this increase tonight, and later determine
whether this is how we wish to continue the method of compensation for staff.
VOTE: 5:0.
5. Finance
None
6. New Business
a. Organizational. Planning Commission Appointments
The Administrator explained the appointment process for commissioners. Council conducted
interviews of commissioners with more than two terms along with new applicants at their
workshop last week.
M/S/P, To reappoint Mark Deziel and Jennifer Pelletier to a second term on the Planning
Commission for 3-year terms that will expire on January 16, 2009.
Motion, Councilmember DeLapp asked for an amendment to include reappointment of
Commissioners Helwig and Sedro. FAILED FOR A SECOND.
VOTE: 5:0.
Lake Elmo City Council Minutes of January 17, 2006
AMENDED & APPROVED: MARCH 6, 2006
Councilmember DeLapp objected to the practice of one Planning Commissioner who argues
strenuously during discussion and then abstains during the vote.
Motion, DeLapp, To reappoint Commissioners Helwig and Sedro to the Planning Commission
for additional 3-year terms that will expire on January 16, 2009 because of their near perfect
attendance, Bob Helwig's being elected chairman three times, and because Kathy Sedro brings
well considered argument to the table. FAILED FOR A SECOND.
The Council cast ballots. Councilmember Conlin encouraged two applicants who will not be
appointed tonight to reapply when an opening arises. Councilmember DeLapp asked for
minutes or tapings of the Council Workshops in the future.
Administrator Rafferty tabulated the ballots and reported the vote:
Helwig-3 votes
Sedro-3 votes
Park-1 vote
McGinnis-3 votes
Nicole Park was eliminated for lack of votes.
A second ballot was taken to choose two of the three applicants who tied with three votes.
Helwig-4
Sedro-3
McGinnis-3
Bob Helwig will be reappointed.
A third ballot was taken to choose one of the two applicants who tied with three votes.
McGinnis-3
Sedro-2
M/S/P, Johnston/Conlin, To reappoint Bob Helwig to the Planning Commission for another 3-
year term that will expire on January 16, 2009.
VOTE: 5:0.
M/S/P, Johnston/Johnson, To appoint Laurie McGinnis as Second Alternate to the Planning
Commission. 4:1 Nay-DeLapp.
The Mayor said Ms. McGinnis is in transportation planning, she is very well qualified, and we
have problems with traffic in our City.
M/S/P, Johnson/Johnston, To appoint Julie Fliflet as Full Voting Member and Bob Van Zandt
as First Alternate Member of the Planning Commission. VOTE: 5:0.
M/S/P, Conlin/Johnson, To grant Laurie McGinnis a requested leave of absence from the
Planning Commission until she completes her Masters Degree in June 2006. M/S/P,
DeLapp/Smith To amend to direct staff to ask Kathy Sedro to fill Laurie McGinnis' place on
the Planning Commission until Commissioner McGinnis comes onto the Planning
Lake Elmo City Council Minutes of January 17, 2006
Commission. VOTE to amend: 5:0. VOTE: 5:0.
b. Organizational: Parks Commission Appointment
M/S/P, Johnson/Smith, To reappoint David Steele to the Parks Commission for a 3-year term
that will expire on January 16, 2009.
Councilmember DeLapp said David Steele does a good job, is active, he cares, and he
participates. VOTE: 5:0.
c. Mayor— Four Year Term
Administrator Rafferty explained that the City has only received the opinions from eleven
respondents to date. The Administrator recommended adding the question to a survey
document in the February Newsletter in hopes of collecting more data.
M/S, Johnson/Johnston, To put the question of Mayoral Term in survey form in the February
Newsletter in hopes of receiving more public input.
Councilmember Johnson said people wanted a more formal process. Councilmember Conlin
said this has come before the Council several times, and we can keep asking until we get the
desired outcome. The Mayor said he is in favor of not having a survey. MOTION AND
SECOND WITHDRAWN.
M/S/P, DeLapp/Conlin, To continue the two-year term for Mayor in Lake Elmo.
The Mayor explained his reasons for wanting a change to four-year term including continuity
of leadership, encouraging good candidates, and implementing the Comprehensive Plan and
dealing with the Metropolitan Council. Councilmember Smith said 95% of residents who
contacted her do not support a four-year term and a good mayor will be reelected.
Councilmember Conlin said two years gives voters the opportunity to affect change on the
Council if they see something they don't like. Councilmember Johnson said she got a 50-50
response talking to voters. She supports four years for continuity and for the implementation
of the Comprehensive Plan. The Mayor said he thinks the question is being asked in the
wrong way. Councilmember DeLapp said the City remains politically polarized because there
are big decisions to be made.
VOTE: 3:2 Nay- Johnson/Johnston.
7. M_aintenance/Park/Fire/BuildinE
a. Maintenance Department — Gen Set (Generator)
Superintendent Bouthilet explained the difference in voltage for the new building and the cost
effectiveness of getting the permanently mounted generator at a discount of about $10,000.00.
He said the problem with renting is having a wired facility for it. Administrator Rafferty said
the original plan included a rollup generator. We are looking at a change in design of the
building that in the long-term would be better for the City. He said in a regional outage, we
would have the new building operational for the crisis.
Councilmember Johnson asked why the MAC made no recommendation. Superintendent
Bouthilet said they discussed it. MAC Chairman Talcott inquired about amperage and voltage
for the new building.
Lake Elmo City Council Minutes of January 17, 2006
AMENDED & APPROVED: MARCH 6, 2006
M/S/P, Johnson/DeLapp, To send this request to MAC for a formal recommendation.
Councilmember DeLapp was concerned why we had to have 480, He asked if this were a
potential emergency shelter space, what special safety precautions and other provisions for an
emergency facility are in this building?
VOTE: 4:1 Nay- Smith wanted to move forward with the purchase of the Gen Set.
b. Update on Building Department Activities: Jim McNamara
The Building Official presented the Summary Building Report for the Month of December and
Year Ending 2005,
c. Fire Department Update: Greg Malmquist
The Fire Chief said they had one applicant for safety officer, performed an interview with the
District Chiefs, and Burnie Sachs was appointed unanimously,
M/S/P, Johnson/DeLapp, To approve Burnie Sachs as Safety Officer for Lake Elmo Fire
Department. VOTE: 5:0.
The Chief reported the Fire Department collected $745.53 in red kettles at Hagberg's for the
Salvation Army. The Chief said they are looking at the process for hiring firefighters: they
are recruiting for Lake Elmo residents and particularly for day firefighters at this time.
d. Sprinkler Ordinance//Maintenance Facility: Councilmember DeLapp
Councilmember DeLapp said there is no reason to sacrifice lives when a sprinkler system in
our new Maintenance Facility could protect our firefighters. He thought our new Maintenance
Building had a sprinkler system, especially since it is so close to the new water tower.
M/S/P, Conlin/Smith, To direct staff to bring the topics of the Sprinkler Ordinance and
sprinklers for the Maintenance Facility to the Council Workshop in February.
The Building Official said the type of building and its classification, its occupancy and what it
is constructed of would not require this building to be sprinkled.
The Fire Chief said that working with City Code a couple of years ago, the state would not
accept the wording of our Code and that is where it remains today.
VOTE: 5:0.
S. City Engineer's Report
a. Public Hearing. Water Systems Interconnection Phase IV Project: Resolution No. 2006-09
Ordering Plans and Specs
The City Engineer explained Water Interconnect Phase IV. The total cost of this phase is
$490,000 which has already been bonded for. Hookup would include the 3M parcel, Prairie
Ridge and Animal Inn.The appraiser was asked for the benefit to the seven properties in that
area. City Engineer Prew said nobody petitioned for this project.
Administrator Rafferty said discussions with 3M resulted in the understanding they will pay
their share of $124,020. Engineer Prew said we are not forcing a hook up but residents will
Lake Elmo City Council Minutes of January 17, 2006
AMENDED & APPROVED: MARCH 6, 2006
have to pay for the increase in property value. If the project is approved tonight, we will begin
construction in April 2006.
THE MAYOR OPENED THE PUBLIC HEARING AT 8:40 P.M.
Jill Smith, 3M Real Estate Department
Ms. Smith asked Administrator Rafferty who he spoke to at 3M about this project. She said
she is interested in the process of determining benefit to property owners, and why the 3M
parcel was different. She would like to see that assessment. She said their property is not
zoned commercial at this time, and she would like to see how that worked. She asked if
MUSA is planned for that parcel. She asked the process for hooking up in the future. She
asked how interest is determined.
Engineer Prew said the assessment was per acre. The Mayor said MUSA is not planned for
the next 25 years in that area. Engineer Prew said generally a second hearing is held for
assessment, repayment term, and interest.
Dennis Ostrander
Dr. Ostrander is the veterinarian whose hospital sets back by Animal Inn. He said there is an
assessment on an easement access. He asked if there is any legal recourse if he, does not want
the water.
The City Attorney explained this is not a special assessment hearing, this hearing is to
determine whether to go ahead with this project. Anyone proposed to be assessed, will get a
notice before that hearing. Generally if someone is not assessed and hooks up later they pay a
connection charge equal to what the assessment would have been. If it is specially assessed it
will be on the tax rolls accruing annually.
THE MAYOR CLOSED THE PUBLIC HEARING AT 8:47 P.M.
Councilmember DeLapp said we have to do this project for our water system but people
should not have to pay for water they don't want or need.
M/S/P, Smith/Conlin, To adopt Resolution No. 2006-09, A Resolution Ordering Improvement
and Preparation of Plans for the Water System Interconnection Phase IV Project.
Councilmember DeLapp said it is critical for people coming to a hearing to know what we
plan to assess them. The City Attorney said the City should withhold the size of assessments
until all the facts are gathered.
VOTE: 4:1 Nay-DeLapp.
THE MEETING RECESSED FOR FIVE MINUTES AT 8:51 AND RECONVENED AT 8:56
P.M.
9. Plannine. Land Use St Zoning
a. Austad/Pierre/Hurt — Wastewater Treatment
The Planner explained that three properties have a history of septic system problems. The
property owners engaged a septic designer to look at the DeMontreville Wildlife Area as well
as a second area when the first did not come out as well as hoped. It would be constructed by
Lake Elmo City Council Minutes of January 17, 2006
AMENDED & APPROVED: MARCH 6, 2006
the property owners' construction firm and inspected and maintained by the City. The City
Engineer would work with the owners' engineer with regard to some mechanical functions.
Regardless of cost, it would be the responsibility of the property owners to pay the costs and
then turn it over to the City.
Councilmember Conlin asked if there was an analysis done to charge the same as for the 201
Systems. She suggested taking a look at what the appropriate amount will be for maintaining
this system after construction if it goes forward. The Planner said Superintendent Bouthilet
can look at it.
M/S/P, Johnson/Johnston, To approve the plan for wastewater treatment to serve the Austad,
Pierre, and Hurt properties per plans staff dated January 12, 2006 subject to the
recommendations of the City Forester (landscape screening) and the City Engineer (system
design). The property owners will pay the entire cost of the system and City construction
inspection costs, and agree to pay City wastewater fees in an amount to be determined and in
the same manner as properties connected to the City's 201 wastewater systems, conditional
upon a written agreement with the property owners and the City prior to commencement with
construction.
The Administrator said the owners will not have to pay for the use of the park land.
Councilmember DeLapp said they should have to pay whatever the land is worth.
Councilmember Smith said she thinks these property owners were unsuspecting victims. Now
we are trying to solve a problem in the best way possible without getting Oakdale sewer.
Dave Austad
Mr. Austad said they did not know the problem with the land when they bought it. The
Council could have gotten the other land by eminent domain but they didn't do it. At some
point he and his neighbors are going to run out of money. This plan is more costly than going
to Oakdale for sewer.
Councilmember DeLapp said they should get rid of the mounds in the front yards to bring
them back into the character of the neighborhood.
Mr. Austad said MN Rule 7080 says they have to follow rules for abandonment of a septic
system. If it costs $50,000 to change the yard, they may not be able to do it.
The Mayor asked the City Attorney whether they could include a land charge and forgive it in
the future. Mr. Austad would not object.
Councilmember DeLapp said that part of the cost was land acquisition when we built 201's.
We should incorporate the park land into the costs here. In the event the lawsuit is successful,
the damages could be incorporated. Mr. Rooney, Mr. Austad's attorney, said they cannot
contrive to add fees to this lawsuit. Provisional costs would complicate the situation.
Councihnember Conlin called the question. VOTE: 4:1 Nay-DeLapp.
The City Attorney will come back with the agreement for Council review and approval prior to
construction.
Lake Elmo City Council Minutes of January 17, 2006
AMENDED & APPROVED: MARCH 6, 200E
b. Appeal of Administrative Determination: Gorman's Restaurant
The Board of Adjustment and Appeals reviewed the appeal by Ed Gorman to allow a drive up
window at Gorman's Restaurant. The Planner explained the request for a minor addition for
carryout orders. City Code prohibits drive through facilities when related to a restaurant in the
GB District.
The Mayor opened the hearing of the Board of Adjustment and Appeals at 9:31 p.m
Ed Gorman said he purchased the restaurant 26 years ago. He said he disagrees with the
Planner's findings because he already has take out food. Adding 200 square feet will not make
his restaurant fast food. He feels the Code is open to interpretation. He wants the change in
order to facilitate the pick up business and perhaps sell more coffee. The Health Inspector
approved the plans and their classification for his restaurant does not change. He spoke to all
abutting property owners and received 100% support. He also supports that fast food should
not be allowed. Language could be added to not allow fast food within a specific square
footage of a school, park, or church. He said the coffee shop approved next door to him last
year did not include a dishwasher. A drive through bank will not give you a loan at the
window. All menu items will not be available at the window in his restaurant. He wants to
take good care of his customers. In the old days, he said you could only buy gas at Lake Elmo
Oil. Now you can buy food, groceries and sundry items. He would like the ability to grow his
business in the same fashion.
Councilmember Conlin asked about outside menus. Mr. Gorman said he wants a small order
station for coffee 4 X 4, lighted indirectly during open hours. Councilmember Conlin asked
about traffic concerns.
The Mayor said the ordinance is written to prohibit drive-throughs but he thinks it was meant
to prevent fast food restaurants. He would like to consider a change to the ordinance without
opening the door to a fast food restaurant. Could we use Mr. Gorman's recommendation or
some other tool without opening the door for fast food. The City Attorney said yes but not
tonight. He said he thinks it is a legislative solution. He said Council can do it by definition
of a restaurant and drive -up as opposed to drive through. He said there could be concerns for
traffic on site and concerns for safety. The Code can clearly distinguish it from a Past food
restaurant.
The Mayor closed the hearing at 9:44 p.m.
Councilmember Smith liked the idea of being able to drive to a service window for safety and
convenience reasons. Councilmember DeLapp wrote the ordinance. He said now times have
changed and it is reasonable to discuss today's intent. Councilmember Conlin said cafes and
restaurants are limited to full service table operations but it does not say drive up not allowed.
She recommended having the Planning Commission review it and Councilmember Smith
agreed.
M/S/P, Smith/DeLapp, To support the administrative decision that no building permit be
issued for the drive up modification not the restaurant per the terms of the GB zoning district
that allows only "full service table operations."
Councilmembers DeLapp and Smith said they want the Planning Commission to find a sound
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method and process to allow a pick up window for full service restaurants while excluding fast
food.
VOTE: 4:1 Nay -Conlin she would have voted to approve the appeal and then ask the
Planning Commission to review it.
The Planner will bring it to Planning Commission in February and return to Council with it by
the end of February.
e. Appeal of Administrative Order — Rod Sessing
The Planner said the Building Official ordered modifications requested by City Council to The
Sessings. The Board of Adjustment and Appeals will review the appeal by Rod Sessing of an
order to relocate a pet containment system, retaining wall, drainage system, and man-made
berm to the 10 feet setback line and to restore natural drainage and landscape material with all
run off to remain on the Sessing property.
The Mayor opened the hearing at 10:00 p.m.
Rod Sessing, 5699 Keats Avenue
He said he received the letter from James McNamara, and was astonished that all of these
items are structures. He read the code definition for structures. He particularly disagreed that
a pet containment system is a structure. He said the sloped berm was approved by the City
when the pole building was constructed, and that slope offers insulation to frost footings. He
said that Tom Prew told him that grading permits were never issued for residential properties.
Two small spots of erosion on his property in the past, resulted in his putting in the drain tile.
Neighbors allowed storage of the stone on their property for 30 days while work was
completed. In 1998, the complaint was satisfied. In 1999, the fieldstone was alleged illegal
and the Council created a resolution to allow it. Those items were not illegal then, yet now
they are. He said a Grading Plan was submitted in 2004, yet the City never required one from
a residential property before. 2.5 weeks later the Grading Plan was approved. The plan shows
the 6X6s, the drain tile, and fieldstone. It was all approved. All of a sudden it has become a
structure. He turned in a letter to the City with a statement from a certified civil engineer that
there is less water moving off his property now than before the grading. He installed electrical
fencing over the entire 11.5 acre parcel. There was never a problem with the location of the
fencing during all the discussion of electronic fencing. He said the City allows The Ziertmans
to have an electrified three feet fence, and there is a sign that says it is electrified. He said that
is illegal. His wife moved their home occupation off site. He said the City shut down his
business but allow The Ziertmans to have retail sales on their property. He asked how much
money the City will waste on this. Now you want me to move dirt approved in two separate
years. Now electric fences can't be there. Now the Code allows a solid stone fence on the
property line but the City won't allow the six -by -six retaining wall that was approved in 1998.
He pulled Building Permits as they were needed. Council wants him to move the dirt and not
put the fieldstone back in, but the resolution of 1999 specifically allowed it. Culverts are
greater structure than 4" pvc pipe that functions to keep water on his property. The City
should not go back on their word. There is no statute of limitations for grading. If the Council
sends it to court they let the residents pay more. Mr. Sessing distributed pictures of what he
said were retaining walls within setback areas all over Lake Elmo.
Joan Ziertman
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AMENDED & APPROVED. MARCH 6, 2006
Mrs. Ziertman said this is fifth time she has spoken to Council on this issue. Council gave
correction order. She said it is not subject to appeal because it is not an administrative
directive, so it is not subject to appeal. She said misinformation was given by Mr. Sessing.
She said she came to the City over one year ago. Meetings and hours of testimony resulted in
this directive. Mr. Sessing has never said he meets the Code. She asked the Council to ask
Jerry Filla to add these to the complaint at Washington County. She said they did not move
the business. There is still storage onsite. She said nobody wants 600 feet of PVC pipe down
their property line. It is a structure that was constructed and it runs in and out of their
property. She said the Code allows for retaining walls and landscaping of sod, seed, mulch
and plantings. Everyone sees it is not a fence. It is not a fence based on Jerry Filla's
definitions. She does not want to argue it again for a fifth time. With all the drainage issues, it
has to be fixed. Mr. Sessing should not be allowed to do what nobody else is allowed to do.
Fieldstone resolution was suspect because it was based on a Code that was going to be
changed but never was. If he has to remove all of it to repair the grading, then Council has to
give permission again. He should not be allowed to have permission a second time for
something that never should have been allowed the first time.
The Mayor closed the hearing at 10:17 p.m.
Councilmember DeLapp asked if this is a viable hearing. Is the storage and business out of the
house? Is the electric fence illegal or relevant? Is what we are doing permissible from a legal
standpoint?
Councilmember Smith said the Council has gone through this over and over, and we have seen
the pictures. We had no appeal for the drainage and gutters so she is not sure it is justified.
She said the pictures submitted are worthless because there are no measurements.
M/S/P, Smith/Conlin, To deny the appeal and move forward and add the four items to our
lawsuit.
Councilmember Conlin asked if this appeal is justified. Give the applicant the chance to
appeal and make a decision.
Councilmember DeLapp asked if we learned something that we did not know before. He
made the motion for that past resolution.
Councilmember Smith said a motion was made to use it as a landscaping material not for a
retaining wall. There is no documentation for it. She called into question the validity of the
Resolution because it was never published.
Councilmember DeLapp asked if the motion he made then was for approval of fieldstone
landscaping. The City Attorney said Mr. Sessing did not add any more after that. He does not
recall photographs from that time and the minutes don't reflect it. There was also an issue of
erosion that this landscaping was going to correct.
The Mayor called the question. VOTE: 4:1 Nay-DeLapp He said his was a throwaway vote,
and he is not convinced we have thoroughly addressed all the issues. He thought he saw
photographs of it seven years ago.
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The City Attorney will make an amendment to the lawsuit for six additional issues.
d. Systems Statement
The Planner and City Attorney explained the City and Met Council met a few weeks ago with
regard to our concerns expressed in our System Statement such as the Park and Ride specifics
the City objects to and the classification of the City in map and text regarding non-sewered
areas of the City.
Councilmember DeLapp left the table at 10:32 p.m.
Councilmember DeLapp returned to the table at 10:33 p.m
The Planner said that what arrived late Friday was an example of what was done in the City of
Shorewood. His reaction is a statement from Met Council Staff Attorney, it is more than we
have right now and more than we might expect from the committee. If we accept this we
would agree, and it would never come to the Met Council. We are not going to convince the
Met Council Staff that the MOU has no significance. They want us to waive the rest of the
hearing process in return for a directive from the staff attorney.
M/S/P DeLapp/Johnson To work with the Administrator and City Planner to draft a document
to accept the City Attorney's recommendation to stipulate by the Attorney for Met Council
Staff
VOTE: 5:0.
e. Boutwell's Landing Speech by Chris Georgacas
Councilmember DeLapp said Mr. Georgacas refused to answer questions posed by Anne
Smith. The point he made clearly was that cities have the obligation to maximize profits for
developers and builders and if they don't, the Met Council is ready to step in and do it for
them.
Mr. Georgacas will attend the Council meeting on February 71h. Councilmember DeLapp
recommended adding it to the newsletter or taking out an advertisement in a newspaper. Staff
and the Mayor will get together to determine how to get an interview for the newspaper.
10. City Attorney's Report
None
11. City Administrator's Report
a, Appointment of Fire Chief to Full Time Status
Administrator Rafferty said the City has reviewed the necessity to hire a fire chief to
financially manage the fire operation more closely, to maintain equipment, and to manage the
thirty member fire department. There has been significant reorganization of the depand
planning for the future by the consultant. The CIP has the funding for it. It will save money
over the next year.
M/S/P, Johnson/Conlin, To hire Gregory Malmquist as the full time Lake Elmo Fire Chief as
of Wednesday, January 18, 2006.
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Councilmember Smith said she holds the fire department and chief in high regard. She feels
fiscally irresponsible at this time because we have not grown in the last two years. She would
like to see the financial figures that support this appointment.
Councilmember DeLapp completely agrees, about 90% of all the calls are not for fires but for
ambulance service. If given the choice, we would have an ambulance service here. We ought
to have more information and a thorough workshop on it.
Councilmember Johnson said the previous council studied fire and didn't do anything. She
said a few things this position will handle are the Fire Study, the Maintenance Facility, and
daytime coverage. She said the Council has to move forward on recommendations from
studies that we have known about for more than ten years.
Councilmember Conlin agreed and did not understand the request for more information. She
said it should have been asked a long time ago. Planning is going to be crucial for a well
thought out safety plan for the City.
Councilmember DeLapp said he would vote for half time but not full time.
Councilmember Johnson there was a Council Workshop and if more information is needed, it
should be requested in a timely fashion.
VOTE: 3:2 Nay-Smith/DeLapp.
b. Begin Hiring Process on Assistant City Planner and City Engineer
M/S/P, Johnson/Johnston, To direct staff to begin the hiring process for an Assistant City
Planner and a City Engineer. VOTE: 5:0.
c. Set date for Council/Parks/Washington County Technical Committee Meeting
The Councilmembers will e-mail availability.
d. Fire Department Operational Policy Manual
M/S/P, Conlin/DeLapp, To appoint Councilmember Johnson to work with the Administrator
and the Fire Chief in the on -going development and modification of the LEFD Manual.
VOTE: 5:0.
e. Lake Elmo Oakdale Playfield
Administrator Rafferty reported that at a work session last week, Lake Elmo staff met with
Oakdale staff. Lake Elmo's vision of a jointly owned and operated park did not meet Oakdale's
vision. Lake Elmo Staff expressed concerns with how a joint organization would function,
maintenance questions, the composition of the organizational structure, and design of the field. A
representative from Parks and the Council should be in on the initial design and then that would
dissipate into administrative staff to manage this thing.
The Mayor suggested that Councilmembers Conlin and DeLapp would be good reps for that
board.
Councilmember Conlin said she wants to go through the processes and steps properly, and she
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would not be able to sit on that board. Councilmember DeLapp said he has very serious
reservations. Councilmember Smith volunteered to serve on that committee.
Motion, DeLapp To go forward with investigating this type of plan and appoint Councilmember
Smith to participate in any discussions and to keep an eye on this project. FAILED FOR A
SECOND.
Motion, Conlin To bring this concept to both Parks and Planning Commissions for their opinions
prior to any discussions with Oakdale. FAILED FOR A SECOND.
Councilmember Smith asked if Oakdale could proceed without us. The Administrator said the
City is in charge of the zoning and use for that parcel so Oakdale has to work with Lake Elmo.
M/S/P, Smith/Johnston To simultaneously have discussions with Oakdale while we send the
proposal to the Parks Commission and Planning Commission for approval recommendations.
The Administrator said the City is looking for the foundations of an agreement, not an agreement
yet because business questions need to be answered first.
VOTE: 3:2 Nay — DeLapp, We should collect some guidelines from the Parks Commission,
neighbors around the proposed park, and the Planning Commission. Conlin — The proposal should
be presented to the Parks and Planning Commissions first.
Councilmember Johnson left the table at 11:48 p.m.
12. City Council Reports
a. Mayor Johnston
Mayor Johnston reported he was invited to serve on the Board of Directors for the Regional
Mayors' Conference.
b. Councilmember Conlin
c. Councilmember DeLapp
d. Councilmember Johnson
e. Councilmember Smith
Councilmember Smith said she would like to get moving on Code Enforcement. She said it will
become a very important issue soon.
Mayor Johnston adjourned the meeting at 11:50 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo City Council Minutes of January 17, 2006
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AMENDED & APPROVED: MARCH 6, 2006
City of Lake Elmo
City Council Emergency Meeting
Minutes of January 24, 2006
Mayor Johnston called to order the Emergency Meeting of the Lake Elmo City Council at 6:00
p.m. COUNCILMEMBERS PRESENT: Smith, Johnson, DeLapp, and Conlin (6:10 p.m.).
STAFF PRESENT: Administrator Rafferty, Planner Dillerud, and Recording Secretary Schaffel,
ALSO PRESENT: City Attorney Filla (6:06 p.m.) Planning Commissioners Van Zandt and
Roth.
Agenda
Councilmember DeLapp expressed concern about the method of disseminating information
regarding this Emergency Meeting. He said he did not receive meeting information in a timely
manner.
The mayor said an e-mail was sent at 9:51 a.m. on January 23, 2006 with regard to the proposed
Agenda for tonight's meeting.
Administrator Rafferty explained his communications with regard to the anticipated letter from
Met Council. Staff was asked to post the notice on the web and to e-mail the Council.
Arrangements were made to televise this meeting.
The mayor said he received a telephone message from Peter Bell and relayed the information to
staff.
Councilmember Smith asked to begin discussion because Councilmember DeLapp has to leave
for his meeting of the Washington County Planning Commission, Councilmember Conlin asked
to go through the items in the letter and to discontinue other discussions because we have a
deadline of February 1.
The Planner said we submitted a Comprehensive Plan to Metropolitan Council on September 6.
We received a letter later in September where Metropolitan Council said our submission was
incomplete. On November 18 administrative staff and Councilmember Smith and Mayor
Johnston met with Metropolitan Council. They were advised at that time that there would be a
review letter. After the meeting the Planner said we started submitting items from that
September review letter. On January 6, 2006, eight copies of everything were submitted to the
Metropolitan Council. We thought we were done except for a couple of items. We did not even
receive confirmation it was received. Staff started phoning to find out what was going on. Blair
Tremere called on Thursday and said we would have confirmation Friday. It did not come. The
letter came on Monday.
The three page enclosure from the Metropolitan Council letter was discussed. The Aviation
paragraphs relate to the Village Plan that Metropolitan Council still does not have. The Planner
will resubmit items where the Met Council says they haven't received it yet.
The text has been changed to reflect the household and population discrepancies indicated in
their letter. All four bullets on page E-2 have already been fixed within the Comp Plan text.
In the area of Land Use — Alternative Densities, the numbers are reflective of the remedial
measures the Metropolitan Council has imposed on the City through their Resolution No.2005-20.
Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006
AMENDED & APPROVED: MARCH 6, 2006
Councilmember Smith said she was worried about population changes during that last Met
Council meeting as a result of these remedial measures, and asked Peter Bell about it then.
On page E-3, Land Use -Village Plan, the Planner said we did not include a map for that plan
because we. do not have one yet.
The Planner said that Housing is not a Regional System. However, there is a legislative mandate
that every community demonstrate how it is going to address its share of Affordable Housing.
We currently have a good deal of affordable housing, more than some neighboring cities. The
Metropolitan Council wants us to demonstrate how we can do more for the future with not less
than 41-46 acres developable at 5-6 units per acre. Densities in some areas must also be
demonstrated as sufficient for 100 rental units.
Administrator Rafferty said many of these are the same items in the September 26, 2005 letter
from the Metropolitan Council, while some are not. The Planner said this is an issue of content
not completeness.
Councilmembers Johnson, Conlin, and Smith would like to hear the potential solutions and
options offered by staff. Councilmember DeLapp would like to table until tomorrow when he
has to leave tonight. The Mayor said we could have aanother later meeting but we should give
direction to staff tonight on how to proceed.
Councilmember Johnson would like to go through the letter item by item.
The Planner said he has developed a method for addressing the third remedial measure without
overshooting our 2030 population target. The Planner distributed language that could be
inserted. There are two land use districts guided for regional sewer, SRD 3.5 and the VR
District. He said that rather than modify the map, this language could be inserted into the district
descriptions with two provisions for population and no increased density within 1000 feet of an
existing residence or 500 feet from an existing residence in the Village. He said if we do this, he
thinks the snap will not need to be changed.
Councilmember DeLapp said those neighborhoods could look like a PUD. The Planner said it
would be the City's choice where we would place additional density. Councilmember DeLapp
said we will have greater density on one parcel and open space on the next.
Councilmember Smith asked if the new text takes place of the sentence inserted at the last
meeting. The Planner said this would be in addition to that sentence. Councilmember Smith
wants to be sure we are not going over 24000 population and 6600 REC units. She reiterated that
Chair Bell and his staff present at meeting at Met Council office assured them that Lake Elmo would not
have to go over the agreed upon numbers. The Planner said we have never gotten a response from
Metropolitan Council when asking for clarification on that issue.
Councilmember DeLapp said the Metropolitan Council is backpedaling on the MOU.
Councilmember Conlin said we have to give staff enough time and still get it back in time for
Council review. We have to put in the good faith we have in support of and to protect the MOU.
Councilmember DeLapp left the table at 6:42 p.m, to chair the county planning commission
meeting.
Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006 2
The City Attorney said the Council can table this meeting to a time and day certain
Councilmember Johnson asked if you could add, "provided no economic downturn." The
Planner said it is within the Comprehensive Plan already. Councilmember Johnson said we
should reemphasize it in this portion of the Comprehensive Plan.
The Planner said that Aviation, the Village Plan, and Housing can be addressed at once with the
Village Land Use portion of the text. Metropolitan Council wants more detail and the Village
Plan Map, The Planner suggested going to Mr. Engstrom's concept stage plan and converting it
into a Village Plan Map as of today. He said that may not be the final end product. He suggests
implementation devices be addressed in the Land Use Plan text. An overlay district in the
Village that says the Comprehensive Plan is the zoning for that area of the City. That will be
form -based zoning. The Plan will show a green belt and someone will suggest the City is taking
but we will be doing Transfers of Development Rights, and those owners will be compensated
for their development densities. The Planner asked the Village Consultants to do that map and
calculate the numbers. That map is what we will insert, subject to implementation measures.
That addresses the housing issues, aviation - because safety zones will be on that Land Use Plan
as a green belt. The property owner has development rights to sell. We have discussed this
Village Plan for three years. The concept by the planner representing the landowners is very
similar to what we anticipate in our Village Plan. We have run out of time to trade plans, we
must keep the option open for modifications later but we have to submit something to the
Metropolitan Council by February 1, 2006,
The Mayor said bow are we assured there will be no surprises on February 1? The last page of
Peter Bell's letter invites the Mayor to call him or Blair Tremere, The Mayor will call either of
them if the Planner does not get a response. The voice message received by the Mayor had the
tone that this was important to the Metropolitan Council as well.
Councilmember Conlin said she hopes staff is thoroughly documenting our attempts to work
with them, and staff should document phone calls too.
The Mayor said we have also been threatened with lawsuits. There are legal issues and sensitive
issues that create the necessity for a closed session tonight.
Administrator Rafferty suggested the Council set a time certain for tabling the open meeting
Councilmember Conlin asked if staff feels comfortable with direction offered thus far.
The City Attorney said that direction should be made on the record.
M/S/P, Conlin/Johnson, to implement our discussion as direction to staff to work with Met
Council staff to be sure on February 1, 2006 that Metropolitan Council has everything they need.
VOTE: 4:0.
The Council set the continuation of this meeting for 5:30 p.m., Friday, January 27, 2006, and we
might have solutions by then with regard to the Village Plan. Councilmember Johnson said that
anything staff can accomplish by then should be brought to that meeting.
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AMENDED & APPROVED: MARCH 6, 2006
Mark Putman spoke on behalf of Mr. Lynskey and representing the allied owners. He asked if
the actions proposed tonight were negotiable. He asked if the concept for the Village Plan
assuming 600 new units was cast in stone. He encouraged making 600 a minimum number for
new housing in order to defend the City's options.
The Mayor said that 600 is the minimum Metropolitan Council requirement. The Planner yes, it
is but we are not done with this plan yet. We just have to finalize something for the
Comprehensive Plan now.
Susan Dunn, a Village resident, said the Council doubled the population in the Village on a quick
vote, and she is affronted by being asked for more units tonight. She said it is a slam against us
for greed and control and it is a slap in the face.
Adjourn. 7:04 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006
AMENDED & APPROVED: MARCH 6, 2006
City of Lake Elmo
Emergency Council Meeting
Minutes of January 27, 2006
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 5:30 p.m.
COUNCILMEMBERS PRESENT: Conlin, Smith, Johnson, and DeLapp. STAFF PRESENT:
Administrator Rafferty, Planner Dillerud, and Recording Secretary Schaffel. ALSO PRESENT:
City Attorney Filla, Master Planner Bob Engstrom and Associate Consultants, Planning
Commissioner Lyzenga and Community Improvement Commissioner Knoblach.
Mayor Johnston reviewed the first part of this emergency meeting from January 24, 2006.
Councilmember DeLapp asked if there would be a public hearing for the Comprehensive Plan
Amendment because the changes in the Old Village have not yet been seen by the public.
The Mayor said if additional meetings or a public hearing is required, it will be done.
Administrator Rafferty said tonight we will see a brief overview of the concept for the Village
Plan. He said it is his understanding the Met Council will accept that information on a
preliminary basis.
Councilmember DeLapp asked the Planner to explain what the Metropolitan Council has a
legitimate and/or legal basis of expecting from the City.
The Planner continued from where the meeting left off on Tuesday. In response to a letter from
the Metropolitan Council, text was drafted to amend the plan. He took the recommendation,
added the buffers as requested by City Council, submitted the changes to the Metropolitan
Council, and heard from Blair Tremere the submission was fine.
He updated the Wastewater chapter of the Comp Plan. He also modified Chapter III relative to
bullet points in the Metropolitan Council letter to change the numbers in response to their
bulleted concerns. Those changes have not been submitted. An entirely new Chapter VI was
modified and submitted to Metropolitan Council yesterday.
The Planner said that what remains are the following which all relate to the Village Plan:
• Airport Safety Zones
• Affordable Housing component
• The Land Use Plan for the Village Area
Village Area Consultants are here tonight and the Planner thinks their concept is a good
approach. However, the format we have to submit for the Village Area is from a different, more
detailed perspective. He said the consultants will explain the basis behind it, what we want to
accomplish, and the concept. Then he would like to convert that concept into a broader concept
suitable for submission to the Metropolitan Council.
The Planner said the Met Council expects us to address 7 items in the Village Plan:
1. Protection of Airport Safety Zones
2. Affordable Housing requirements 40+ acres X 5-6 units per acre = 250 dwelling units.
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AMENDED & APPROVED: MARCH 6, 2006
3. 100+ apartment units. (Councilmember DeLapp said that is a very large percentage of
our new unit count.) 600— 350 Affordable = 250 new single family housing.
4. 440 Units + 160 units = 600 units.
5. Green Belt
6. Transfer of Development Rights
a. Green Belt
b. Ponds
c. Public Facilities
7. Schiltgen Horse Farm (108 acres not included in the Village Plan).
The Mayor said if the legislature says we have to have 250 units, it was not their intention to give
Peter Bell the power to sign that away. He asked the City Attorney if the MOU negates
legislative requirements.
City Attorney Filla said the MOU is criteria though we tend to think of it as a contract and policy
statement. He believes the City has the right to choose housing.
Councilmember DeLapp said if that is the case we need to deal with number three.
The Mayor clarified that we have to review these items for submission but we have not yet
reviewed it for policy.
The Planner read from an e-mail received from Blair Tremere this morning. He said we must
provide enough information regarding:
• Verify RECs to be used
• Provide adequate protections for continuing airport function
• How many sewered acres for new minimum and high density housing and submitting a new
graphic labeled "Preliminary with refinements to follow as a Comp Plan Amendment."
The Planner introduced the Master Village Planner for him to explain the Village Concept and
steps taken to get there with broad use and infrastructure considerations.
Bob Engstrom, Bruce Jacobsen Close Landscape Architects, and Jerry Mazzara
Mr. Engstrom said the consultants have worked to develop a vision for what they think can be
accomplished in the Village. He said MPCA is planning on pumping 130,000,000 gallons per
year of water to alleviate water concerns. He said this is merely a concept and has nothing to do
with zoning and does not directly affect any individual's property. They will be ready for a
complete presentation in three or four weeks.
Bruce Jacobsen said this is not a unit based plan nor does it zero in on technical aspects. The
consultants reviewed Calthorpe and Thorbeek Plans created over the years. He said that at all
costs, integrity and existing uses in the Old Village are the heart of the Village, and need to be
protected. Signature anchors would include things like a YMCA -type of facility, city hall, etc.
He said those anchors should be placed carefully, like the Village itself, intimate and close to the
heart for walkability. There will be green connections into neighborhoods, neighborhood greens,
and park spaces that will be connected by some sort of loop. Those are the basic ingredients for
the plan. The core will be preserved and strengthened, a loop for circulation, and Highway 5
changed to a more urban section - walkable with sidewalks, traffic lights, and curbs. He said
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AMENDED & APPROVED: MARCH 6, 2006
they are considering a number of viable sites for some of the signature anchors. There will be
stormwater and amenity water management and life cycle housing. Not just large lot single
family homes but small lot single family, apartments, condominiums, townhouses, senior
housing, special needs housing, etc. Water amenities will take advantage of PCA water
treatment. A four corner intersection would be recommended at Highway 5 and Lake Elmo
Avenue. He said the goal is to encourage walkability and bicycling.
Mr. Engstrom said this would be an ideal plan, and there is no intent to wipe out any existing
business. There are ponds on the airport property that made him suspect the orders not to have
ponding in Lake Elmo around the airport.
Bruce Jacobsen said there is a buffer of open space related to the entire plan.
Councilmember DeLapp said they need to address the park and ride.
Bruce Jacobsen agreed it is an important aspect of this plan. They are contemplating shared
parking in the daytime for commuters and at nighttime for visitors.
M/S/P, Johnson/Conlin to give staff direction to create a preliminary map.
Councilmember DeLapp said LEPR showing 6,000 houses is just conceptual in the Systems
Plan. We do not have to ask for too much detail for the Village Plan portion of the
Comprehensive Plan, just conceptual mapping.
The Mayor said we are just trying to meet minimum requirements. He said this map will not be
creating policy.
VOTE: 5:0.
The Planner said we will meet the Metropolitan Council deadline requirements.
Councilmember DeLapp asked if we have capped the population number at 24,000 because that
was a concern. The Planner said that was an accepted term by Metropolitan Council Staff this
morning.
The meeting adjourned at 6:20 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo Emergency City Council Meeting of January 27, 2006
AMENDED& APPROVED: MARCH 6,2004
City of Lake Elmo
City Council Meeting
Minutes of February006
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m.
COUNCILMEMBERS PRESENT: Conlin, Smith, Johnson, and Del-app. STAFF PRESENT:
Administrator Rafferty, Planner Dillerud, Finance Director Tom Bouthilet, Building Official McNamara,
Superintendent M. Bouthilet, Fire Chief Malmquist, and Recording Secretary Schaffel. ALSO
PRESENT: City Engineer Prew and City Attorney Filla.
1. AGENDA
Councilmember DeLapp said he has a question about the Credit Union and Prairie Ridge Office Park.
9C. City Administrator I IC. Mayor Johnston asked for 9D Recommendation for County Planning
Commission and 9E - Second Alternate position on Lake Elmo Planning Commission. 9A, 11A, and I IB
move up to 6a, b and c under New Business because the public might be interested. Councilmember
Johnson asked to clarify the policy for contacting the City Attorney by councilmembers. The City
Attorney said that 1 OA and lOB should be under 13 in the Closed Session. Councilmember Smith asked
about the garage addition to Sessing Property under lOD, That item will also be under Closed Session as
well.
M/S/P, Johnson/DeLapp to approve the Agenda as amended. 5:0 PASSED.
2. MINUTES
M/S/P, DeLapp/Smith to delay consideration of the minutes until later in the meeting to Item 12A.
VOTE: 5:0 PASSED.
3. PUBLIC INQUIRIES/INFORMATIONAL
A. PUBLIC INQUIRIES
1. Susan Dunn said she has concerns related to the Community Playfield because of the
Target Store, the ravine, the water, and surface water quality going into Lake Elmo Park
Reserve and she asked for the Council to be cautious. She is concerned about the Park
and Ride. She also has legislative change questions to Chris Georgacas. She would like
to know how townships and cities maintain the right to self determination If it is not through
legislative change.
2. Larry Moody asked about the potential Joint park. Why not increase the tax base by
building houses on that land? Why not improve Tablyn Park? He asked about light
pollution, noise, and traffic concerns.
B. PUBLIC INFORMATIONAL
3. Introduction of Chris Georgacas, Metropolitan Council Member
Mr. Georgacas extended regards of Chairman Bell. He said he hopes for a more conciliatory relationship
between the City and the Metropolitan Council in the future. He expressed his regrets for past disputes
and the past relationship. He is glad to say Metropolitan Council has reviewed our submission for
completeness and it is complete. The Comprehensive Plan will be reviewed over the next sixty days and
Lake Elmo City Council Meeting Minutes of February 7, 2006
AMENDED & APPROVED: MARCH 6, 2006
there is a possibility they may need more time than that.
Councilmember DeLapp said he had hopes for a discussion tonight. He has pages and volumes of
questions that he can't ask and he can't even read them. Some cities have been exempted from the
Systems Statement. He would like to know how ten property owners can outvote 8,000 residents.
Mr. Georgacas said he has heard from residents and councilmembers and he thinks it would be
constructive to hold a workshop between City Council and City and Metropolitan Council staff to clarify
and correct old facts and misconceptions as well as to discuss ongoing concerns.
Mayor Johnston said first we should get through the Comprehensive Plan approval, and then he thinks
that is an excellent suggestion.
Councilmember Conlin asked how Mr. Georgacas sees his role. Mr. Georgacas said he sees his role as a
communications link between the local government units in Washington County and the Metropolitan
Council. He sees his role as an advocate for District 12 but also has a broad focus on the region. He
pledged to work hard to insure concerns of the City are addressed and offered his commitment to the best
effort possible in that regard.
Councilmember Smith said Mass Transit was mentioned at a talk given by Mr. Georgacas at Boutwell's
Landing. As a representative of our district she said she would like to see him represent the wishes of his
constituents.
Mr. Georgacas said he is a supporter of transit services and a skeptic of commuter rail and light rail. He
believes it is more cost-effective to think about bus rapid transit and regionally identified centers. He said
that Park and Ride community issues should be closely heeded. The City has a history of opposition to it.
He said he thinks that can be accommodated by the Met Council
M/S/P, DeLapp/Smith to enter discussions in a full workshop forum with Metropolitan Council staff,
sooner than later.
Councilmember Conlin would favor it as long as City Council and staff have clear objectives and the
meeting is conducted in an organized manner. Councilmember DeLapp agreed.
VOTE: 5:0 PASSED.
Administrator Rafferty suggested that he and Mr. Georgacas could work on objectives and bring back
dates to facilitate the new relationship.
Planner Dillerud asked why Metropolitan Council would not agree to stipulate on the System Statement.
Our System Statement has features inconsistent with the MOU. The City had suggested a stipulation to
close the issue. Mr. Georgacas said he was ignorant of that fact and will find an answer tomorrow.
4. Reschedule March 71h City Council Meeting
M/S/P, to reschedule the March 7, 2006 City Council Meeting to Monday, March 6, 2006 due to precinct
caucuses.
Councilmember Smith said she cannot attend that meeting. Councilmember DeLapp cannot make either
of the dates. VOTE: 4:1 Nay -Smith.
Lake Elmo City Council Meeting Minutes of February 7, 2006 4
AMENDED & APPROVED: MARCH 6, 2006
5. Volunteer/Employee Recognition Dinner
M/S/P, Johnson/Conlin, to announce the Employee and Volunteer Recognition Dinner at Tartan Park
Clubhouse on Friday March 10, 2006.
Councilmember Conlin said it is only possible through the generosity of the Lake Elmo Jaycees. VOTE:
5:0.
4. CONSENT AGENDA
Resolution No. 2006-010: Approving Claims
M/S/P, Johnson/Conlin to adopt Resolution No. 2006-010 approving claims. VOTE: 5:0 PASSED.
Resolution No. 2006-011: Partial Payment #4 for Water System Interconnect -Phase 1- $10,427.20
M/S/P, Johnson/Conlin to adopt Resolution No. 2006-011 approving claims. VOTE: 5:0 PASSED.
(1) Resolution No. 2006-012: Partial Payment #2 for Water System Interconnect -Phase III-$82,522.66
M/S/P, Johnson/Conlin to adopt Resolution No. 2006-012 approving Partial Payment #2 for Water
System Interconnect Phase III in the amount of $82,522.66. VOTE: 5:0 PASSED.
(2) Resolution No. 2006-013: Partial Payment #3 for Water System Interconnect -Phase III-$10,709.71
M/S/P, Johnson/Conlin to adopt Resolution No. 2006-013 approving Partial Payment #3 for Water
System Interconnect Phase III in the amount of $10,709,71. VOTE: 5:0 PASSED.
Resolution No. 2006-014: Partial Payment #1 for the Water Tower - $46,312.50
M/S/P, Johnson/Conlin to Adopt Resolution No. 2006-014 approving Partial Payment #1 for the Water
Tower in the amount of $46,312.50. VOTE: 5:0 PASSED.
Parks Commission Appointments
M/S/P, Johnson/Conlin to reappoint Jenifer Watters for a second term on the Parks Commission and to
appoint Rolf Larson as Full Voting Member of the Parks Commission with terms expiring on February 6,
2009, and to appoint Judith Blackford I" Alternate Member of the Parks Commission.
VOTE: 5:0 PASSED, Councilmember Smith thanked Commissioner Watters for reapplying.
5. FINANCE
M/S/P, DeLapp/Conlin to adopt Resolution No. 2006-015 authorizing issuance and awarding the sale and
providing the payment of $442,000 for G. 0. Equipment Certificate of Indebtedness for the purchase of
the pumper tanker fire truck.
Mr. Donna said this is a ten year bond with a fixed rate of 3.88%.
6. NEW BUSINESS
Moved: 9A. Shoreland Overlay Variance — 4473 Olson Lake Trail (Flanagan) Resolution No. 2006-017
The Planner introduced the substantial renovation of an existing home. The Planning Commission
reviewed it and recommended the applicant revise their plans. The applicant returned with the revised
plan converting a sunroom into an open air porch and removing two decks. The Commission recognized
that there is no additionally further encroachment in the lake.
Lake Elmo City Council Meeting Minutes of February 7, 2006
AMENDED & APPROVED: MARCH 6, 2006
Mayor Johnston said we have a need for an overlay district in the Tri-Lakes and in the Old Village to
reduce variances.
Councilmember DeLapp said he agrees but one of the issues on lakes is for protection. Everyone will be
well aware of this building because it will sit so high - 55 feet above the normal water level of the lake.
He said no tree will cover up this structure. Part of the approval is the applicant should meet the new
building and site requirements of the VBWD for buffers and tree plantings in order to try to obscure the
building.
The Planner said we are mandated to have a Shoreland Ordinance by state statute and their may be. little
than can be done in the Tri-Lakes area due to those rules.
M/S/P, Johnston/Conlin to adopt Resolution 2006-017 approving a variance to Shoreland OHW Setback
at 4473 Olson Lake Trail per plans staff dated February 3, 2006, and per the recommendation and
findings of the Planning Commission.
Councilmember DeLapp asked for an Amendment to the Motion that the applicant develop their land
between building and waters edge in concurrence with state rules and VBWD recommendations
particularly with regard to buffers. MOTION TO AMEND WITHDRAWN.
Councilmember Johnson asked if we can require these conditions of approval. The City Attorney said the
city can attach reasonable conditions to approval of a variance request.
Mr. Flanagan, the applicant, said there are huge trees and small trees between the house and the lake. His
house is one of the few on the lake that is screened so well.
VOTE: 5:0 PASSED.
The Planner said if the City had landscaping standards, they would be easy to enforce. Add Landscaping
Standards to Council Workshop.
MOVED 11. CITY ADMINISTRATOR'S REPORT
A. Proposed Joint Park with Oakdale for Youth Playfields
The Administrator explained the history of the proposed joint park with Oakdale for youth playfields on a
26 acre site being donated by 3M Company. The proposal currently sits at the point where the cities'
representatives would meet for discussions.
Mayor Johnston said the idea must be developed and issues worked out before bringing it before the
public. Parking, safety, lights, dispute resolution, and other issues must first be addressed.
Councilmember Conlin said she is opposed to the park. If we authorize the Letter of Understanding to
explore a Joint Powers Agreement that is a step into a process and an investment of time and money that
is hard to abandon after six months or so of study. The document before the Council is complex. There
will be a groundswell of opposition by the public. We should do the conceptual work on whether this is
the right location for this sort of park.
Councilmember DeLapp said we should be allowed to reduce our RECs and population and asked where
Lake Elmo City Council Meeting Minutes of February 7, 2006 6
AMENDED & APPROVED: MARCH 6, 2006
the water is going to come from due to the pollution. Surface water runoff will go right into Raleigh
Creek from heavily fertilized playfields where it will ultimately end up in the St. Croix River. Is the
whole park going to be fully developed? Lighting is a concern, especially for youth. Will there be shelter
there? Restrooms? What kind of buildings, maintenance equipment, speakers, what will the limits be?
Councilmember Johnson said the concerns are valid. The Parks and Planning Commissions unanimously
supported moving forward with the process. The concerns cannot be brought forth without some sort of a
task force. We need to gather the data before we can bring it back to the public.
Councilmember Smith said we need to look into it knowing we might say no.
Councilmember Conlin said she does not disagree but thinks it should be internal to Lake Elmo.
Councilmember Johnson said there is already too much information in the Letter of Understanding. Take
out the implementation portions and explore ajoint facility. Recommendation would be to edit and revise
this Agreement because we are asking already for 50150 split.
M/S/P, Johnson/Johnston to move this item to Council Workshop and direct staff to create a new Task
Force Agreement to make it more of a work plan and develop more of what the role of the task force will
be and less of an Agreement.
The Administrator said he would rather not put in any more details. This is not the first draft. He does
not want to invest more time to change the document without the additional work being done and
direction from the Workshop.
Councilmember DeLapp said we should hold several workshops here first. Councilmember Conlin said
she would like to see some discussion up front about whether placing a park in this area makes sense. We
have spent months planning in this City. She asked if we are really thinking it through and whether it
meets our vision for the City. Councilmember Smith would like detailed discussions on the overall costs
in the long run and what we must sacrifice in order to build it.
Larry Moody said his property directly abuts this proposed park. Light, noise, runoff into the creek, water
contamination. He asked if this is going to benefit Lake Elmo or Oakdale or 3M.
VOTE: 5:0 PASSED to be discussed next Tuesday at 6:00 p.m.
B. Comment Letter on Lake Elmo Park Reserve Amendment
Councilmember Johnson thanked the Technical Advisory Committee for their assistance.
Councilmember DeLapp asked for specific amendments to a letter to the County. He will submit them to
the Planner for inclusion of the letter.
M/S/A, Johnston/Conlin to approve the letter as written and authorize the administrator to sign it.
Councilmember Smith would like to know how they measure the percentage. Councilmember Conlin
would like to have the formula for the calculations.
M/S/A, Conlin/DeLapp to Amend the Motion to strengthen the letter with regard to measuring
percentages with regard to the definition of a Park Reserve and authorize the administrator to sign it.
Lake Elmo City Council Meeting Minutes of February 7, 2006 7
AMENDED & APPROVED: MARCH 6, 2006
VOTE: 5:0 PASSED
M/S/P, Johnson/Conlin to Amend the Motion to add the changes from Councilmember DeLapp with the
exception of the first recommendation in the fourth paragraph, first sentence. VOTE: 5:0 PASSED.
Susan Dunn said a Workshop was held and the city was asking the County to designate areas or
permanently leave them alone. She said the older formula was fora 50 foot swath and now it is just 8-10
feet used for calculations. She said she appreciates getting the formula and the Council staying on top of
the issue.
VOTE: 5:0 PASSED.
NEW C. Meeting Minutes
Workshop Minutes were discussed.
M/S/P, Smith/DeLapp to postpone consideration of all the minutes until the first full meeting in March
2006. VOTE: 3:2 Nay -Conlin and Johnson, Conlin -There are at least two sets of Minutes that could have
been dispensed with tonight. Councilmember Johnson said we asked staff to get minutes turned around
quickly so Council should take care of them expeditiously also.
7. MAINTENANCE/PARK/FIRE/BUILDING
A. Maintenance Dept. - MAC Recommendation on Gen Set (generator)
Superintendent Bouthilet explained that the retrofit has a firm bid of now only $2,900.00 for the
retrofitting.
M/S/P, Smith/Johnson to authorize the purchase of a Gen Set Generator from the City of North St. Paul at
a cost of $12,900 plus tax based on the recommendation of the Maintenance Advisory Commission and
because there is a line item in the CIP for it. VOTE: 5:0 PASSED
B. Fire Dept. -Update on Activities
Chief Malmquist recognized firefighter anniversaries, thanked for support of recognition dinner, fire
academy in Pittsburgh, purchase of something, specs for vehicles, 340 call responses, 222 rescues, 18
calls hazardous, good intent 21, false 28, fire loss was $71,900 for last year.
Councilmember DeLapp asked if our vehicles are appropriate for most of our medical calls. The Chief
said it is not a vehicle issue but a supply issue. We don't need an ambulance.
At 9:05 p.m., the Mayor recessed the meeting for five minutes and reconvened at 9:11 p.m.
8. CITY ENGINEER'S REPORT
M/S/P, Smith/Conlin to adopt Resolution No. 2006-016 to approve plans for the Phase IV Water System
Interconnect and authorize bids. VOTE: 5:0 PASSED.
9. PLANNING, LAND USE & ZONING:
B. Verbal Report on Comprehensive Plan
Lake Elmo City Council Meeting Minutes of February 7, 2006 8
AMENDED & APPROVED: MARCH 6, 2006
The Planner said a ](:tier from Metropolitan Council staff was received and he distributed it to Council at
the meeting.
C. Credit Union and Prairie Ridge Office Park
Councilmember DeLapp said the Eagle Point building is a bright spot, fully lit. The material on the
building is different from what was approved, with concrete block up to four feet, and the roofing
material. Council allowed them asphalt shingles, they were required to use brick, and they were to be a
private office building- now it is a bank.
Councilmember Smith said the shingles should be checked and verified. The Planner said the direction
was for shingles of commercial grade to match the grade used at Prairie Ridge. The Planner said the City
always knew it was supposed to be a bank. He will look into the other matters. Mayor Johnston said if
we go through the format of approving and reviewing we should follow through with enforcement. The
Planner will be sure the Building Department is checking the aesthetics as well as the building code
requirements. The Mayor asked Councilmember DeLapp to provide the Building Department with as
specific a list as possible. The shingles and the block must meet what was approved by the City.
MOVED 9.D. County Planning Commission Vacancy
Mayor Johnston said he spoke with Bill Pulkrabek with regard to a vacancy on the Planning Commission
at Washington County and the Mayor recommended Kathy Sedro and he was told that he was not the first
to recommend her. Councilmember DeLapp also contacted Mr. Pulkrabek recommending her. Mr.
Pulkrabek said he would appreciate a Resolution.
M/S/P, Johnston/Johnson to direct staff to draft a Resolution recommending Kathy Sedro for vacancy on
the Washington County Planning Commission. VOTE: 5:0.
MOVED 9. Second Alternate Planning Commissioner
M/S/P, Johnston/Smith to appoint Nicole Park to the Second Alternate position Planning Commission to
fill the seat held by Laurie McGinnis during her Leave of Absence. VOTE: 4:1 Nay-DeLapp thinks she
is being used.
NEW 9.E. Councilmembers Contacting City Attorney
Councilmember Johnson said it is her understanding that councilmembers can contact contract staff
individually as long as they notify the City Administrator that they are doing so. The Administrator
suggested the Councilmember report it at the Council Meeting.
Councilmember Smith said she called the City Attorney twice.
The Mayor said unless our policy is abused it should not be changed. Councilmember DeLapp suggested
a line item on the bill. The City Attorney said he does not bill the City for those short conversations on
the telephone. The meeting in question was conducted over lunch, there was no billing for that either, and
the Councilmember bought lunch.
12.CITY COUNCIL REPORTS
A. Mayor Johnston said he attended 3M Public Relations meeting where Bush. Fire Appreciation, and
quarterly fireman's relief.
B. Council Member Conlin attended the Fire Appreciation Dinner and it was very nice and well
orchestrated affair.
Lake Elmo City Council Meeting Minutes of February 7, 2006 9
AMENDED & APPROVED: MARCH 6, 2006
C. Council Member DeLapp said we needed an orchestrated publicity campaign for Mr. Georgacas'
appearance today and he said the audience size indicated this was not done. Mayor Johnston said he
contacted the newspapers. Councilmember Johnson said it was in the newsletter.
D. Council Member Johnson did not attend the dinner. She again thanked Teddi Carlson, Bob
Schumacher, and Sue Dunn who served on the LEPR Technical Advisory Committee.
E. Council Member Smith said Lakewood Evangelical Free Church will be changing their name to
Rockpoint Church.
The Mayor announced calendar events: Board of Review May 3, Employee and Volunteer Recognition
Dinner on March 10, and Clean-up Day will be held June 3.
Following the meeting the Council will meet in CLOSED SESSION with regard to J.P. Bush Homes v.
City of Lake Elmo and other legal issues. The City Attorney's Report, Item 13, will be on that Agenda
instead of this one. The Meeting Adjourned at 9:44 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo City Council Meeting Minutes of February 7, 2006
10
MINUTES APPROVED: March 7, 2006
LAKE ELMO CITY COUNCIL MINUTES
February 21, 2006
1. AGENDA
2. MINUTES: February 7, 2006 (Postponed)
3. PUBLIC INQUIRIES/INFORMATIONAL:
4. CONSENT AGENDA:
A. Resolution No. 2006-018:Approving Claims
5. FINANCE:
A. Revisions to Fee Schedule: Ordinance No. 97-165
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIREBUILDING:
A. Update on Building Dept. Activities:Jim McNamara
8. CITY ENGINEER'S REPORT:
A. Tablyn Park Overlay Project; Resolution No. 2006-019:Authorize
Engineer to Prepare Feasibility Report
B. Resolution No 2006-020:Establishing State Aid Route Manning from
TH36 to 50`h Street,
C. Resolution No. 2006-021:Authorize Feasibility Report Manning Avenue
Improvements at TH36
9. PLANNING, LAND USE & ZONING:
A. Amended Development Agreement -The Sanctuary of Lake Elmo;
Resolution No. 2006-022
B. Letter of Credit Escrow Reduction -The Sanctuary of Lake Elmo
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
12. CITY COUNCIL REPORTS:
CLOSED SESSION: Lake Elmo vs. Sessing Mediation Update
Acting Mayor Smith opened up the City Council meeting at 7:00 p.m. in the Council
chambers. PRESENT: Conlin, Smith, Johnson, DeLapp, Building Official Jim
McNamara, City Engineer Prew, City Attorney Filla, Finance Director Tom Bouthilet
and Administrator Rafferty. ABSENT: Mayor Johnston.
1. AGENDA
M/S/P Conlin/DeLapp — to approve the February 21, 2006 City Council agenda, as
amended (Pull off Item 4B off of Consent and place under 5A. Finance.) (Motion passed
4-0).
2. MINUTES: February 7, 2006
Council member DeLapp asked that the Recording Secretary listen to the meeting tape
and insert his comments relating to the County Planning Commission Vacancy. He also
pointed out that Councilmember Johnson's statement on page 9, under City Council
Reports, that Mr. Georgacas' appearance at the February 7th Council meeting was noted
in the Lake Elmo Newsletter was in error. There was no such article in the Newsletter.
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006
M/S/P Conlin/DeLapp - to table the February 7, 2006 City Council minutes because the
Council wanted to review the comments added, (Motion passed 4-0.)
Council member Conlin said she would like less commentary in the minutes because it
was not necessary for public record, but wanted minutes to reflect a record of Council
actions.
3. PUBLIC IN®UIRIRES/INFORMATIONAL:
4. CONSENT AGENDA:
A. Resolution No 2006-018:Approving Claims
M/S/P Johnson/Conlin — to approve Resolution No. 2006-018, Approving claim numbers
310, 311, DD638 through DD651, 28670 through 28703, which were used for Staff
Payroll dated February 16"', 2006 and claim, 28704 trough 28754, in the total amount of
$94,493.63. (Motion passed 4-0.)
5. FINANCE:
A. Revisions to Fee schedule: Ordinance No. 97-165
Council member Conlin asked about the $4,000 claim for Humane Society Companion
Animal Impounding for 10/01-12/31/05. Finance Director Bouthilet said the fees
collected help offset our costs which are all the animals, but the majority of cats are
unclaimed. The City bears the whole cost of impounding. By law the humane society has
to hold the animal for a number of days and the City has to pay for that. Most of the dogs
are claimed and 60 percent of cats are coming from Cimarron. Council member Conlin
asked if the new code enforcement officer could enforce the licensing. The City
Administrator responded when hiring a CEF, they will take a close look at this. The
Council will receive an update on options which have been discussed with the City
Administrator and Finance Director at the next Council workshop.
The Finance Director reported that most of the fee increases are due to inflation. Council
member DeLapp stated inflation should not be used as an excuse to pay more money.
M/S/P Conlin/Johnson — to adopt Ordinance No. 97-165 setting the Municipal Fees for
calendar year 2006. (Motion passed 4-0.)
6. NEW BUSINESS:
7.
8. MAINTENANCE/P
A. Update on Bu
The Building Official reported there were one new residential building permit and one
new commercial building permit for January, 2006. He also reported that Lake Elmo
Professionals has started construction of their building off 39t" Street and has contacted
the contractor to make sure the streets are kept clean.
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006
Because of the cold weather snap, he alerted fire place owners to not walk away from
fireplaces with an open flame. The Building Official explained the building dept. uses
Marathon Gas for pumping gas in their vehicles because it is the only place that you can
get your trucks washed. Council member DeLapp asked if we have learned what
happened to the drippings from the car wash. The Building Official said he thought it
had to be filtered out, but he will find out.
9.
G11
Engineer to Prepare Feasibility ReRort
The City Engineer reported the streets within the Tablyn Park neighborhood have been
the top project in the Capital Improvements Plan for at least two years and that it is in the
City's budget again for 2006. He said with the water main project occurring this
summer, this is the opportune time to complete this project. He would anticipate
performing this work in conjunction with the street project to minimize disruption to the
neighborhood. He said the Tablyn Park Overlay Project will be an assessed project and
appraisals have been done.
M/S/P DeLapp/Conlin — to adopt Resolution No. 2006-019, A Resolution Ordering the
Preparation of a Feasibility Report for the Tablyn Park Neighborhood Overlay Project.
(Motion passed 4-0.)
B. Resolution No. 2006-020:Establishing State Aid Route Mannine from
TH36 to 50th Street
The City Engineer reported according to state aid rules, each City may designate up to
20% of its local streets mileage as collector routes that are eligible for State Aid funds. In
order for the City to maximize its share of State Aid construction funds, we need to
designate as many routes as possible. Currently, Lake Elmo has 2.3 miles available to
designate.
The City Engineer recommended that a route be established from the intersection of
TH36 and Manning Avenue, through the Sanctuary subdivision, south to 50t" Street. This
route will be about 1.2 miles in length. About half of this route is through undeveloped
property and will be defined once the property is developed.
M/S/P Johnson/Conlin — to adopt Resolution No. 2006-020, A Resolution Establishing
Municipal State Aid Highways for Manning Avenue from TH36 to 50ttt Street North.
(Motion passed 4-0).
Council member DeLapp said he is strongly opposed because we have two developments
basically governed by state rules on roads instead of the City. He said it does look like a
great alternative to Highway 5. Everybody is going to take that route to getout of the
Stillwater High School area. We have to make extra wide roads to follow these rules and
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006
to make this direct road a major thoroughfare scares him. He suggested placing this item
on a workshop to discuss other alternatives that would be potentially less destructive.
Council member Conlin said this will be discussed when we have a feasibility study
before us. The City Engineer said the state aid standards are close to our City standards.
The City Planner said the road is not intended for thm traffic. There would probably be 3
to 4 stop signs installed in the future.
Council member Smith stated this would alleviate the traffic off of 50°i street to get onto
Hwy 5. This route is for people in the neighborhoods to get out.
C. Resolution No. 2006-021:Autorize Feasibility Report Manning Avenue
Improvements at TH36
The City Engineer reported with the approval of the Sanctuary subdivision last fall, the
intersection of TFI36 and Manning Avenue will need upgrading. Although it is possible
to simply pave the gravel section of Manning Avenue between Sanctuary and TH36, the
staff did not feel this is in the best long term interest of the City.
M/S/P Johnson/Conlin — to approve the Resolution No. 2006-021, A Resolution
Authorizing the Preparation of a Feasibility Report for Manning Avenue Improvements
from TH36 to the Sanctuary subdivision. (Motion passed 3-1: DeLapp stated it is areal
loss for this country road to be turned into a treeless freeway and didn't consider it an
improvement.)
Council member DeLapp wanted a smaller road to make it safer. He said this is
something Woodbury would do. This is a temporary light... what will this be in 10 years
The City Planner said the Inter -Regional Corridor Study was not approved by the six
surrounding communities; the plan is just sitting there.
10. PLANNING. LAND USE & ZONING:
A. Amended Development Agreement -The Sanctuary of Lake Elmo;
Resolution No. 2006-022
The City Planner reported the City Attorney prepared a new Paragraph 4.12 for the
Sanctuary Development Agreement that establishes an escrow requirement for the
developer for what we now assume to be 50% of the enhanced street section costs should
the City decide to proceed with the enhanced street section in 2006 as a City project The
northerly 700 feet of Manning as it approaches Highway 36 will continue with the simple
one lift asphalt mat that the developer has already installed until that decision is rendered
by the City Council.
The City Planner explained that since this enhanced Manning improvement would be a
City project if it proceeds, the City Attorney has advised that the new Paragraph 4.12
must be approved in an amended contract by the City Council. The improvement costs,
security requirements and Administrator Fee have been updated to reflect the developers
actual improvement cost for that work already completed. There have been no other
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006 4
modifications of consequence to the Agreement from the version approved on December
6ci,.
M/S/P DeLapp/Jolmson — to adopt Resolution No. 2006-022, A Resolution Approving
An Amended Development Agreement for the Sanctuary of Lake Elmo. (Motion passed
4-0: DeLapp said he has to be consistent with the last two votes.)
B. Letter of Credit Escrow Reduction — The Sanctuary of Lake Elmo
The City Planner reported the developers have competed all of the underground pipe
work on this project, inspected by the City, but completed entirely at the developer's risk.
They are requesting a reduction of Development Agreement security to reflect the value
of the completed work. The City Engineer has certified a new development security
requirement of $1,538,750 as 125% of the work remaining by the developer. The
grading and erosion control inspection and security are handled separately by the Browns
Creek Watershed District.
M/S/P Johnson/Smith — to approve reduction of the required development security for the
Sanctuary of Lake Elmo to $1,538,750, as recommended by the City Engineer, per his
February 17, 2006 Memo, to reflect the value of improvements competed to date.
(Motion passed 4-0.)
11. CITY ATTORNEY'S REPORT:
12. CITY ADMINISTRATOR'S REPORT:
13. CITY COUNCIL REPORTS:
Council member Conlin provided a copy of the Stemwinder, a 3M newspaper, which has
a picture of Mayor Johnston shaking President Bush's hand with big smiles on their
faces.
Council member DeLapp said we are getting ready to have a workshop with the Met
Council and we should make people aware of this meeting because the Comp Plan affects
the entire City. Representatives from Baytown, West Lakeland, should be invited
because everyone is affected by this decision. DeLapp noted that Jane Harper,
Washington County Senior Planner, has stated "As Lake Elmo goes, so goes the county".
Council member Johnson congratulated Lake Elmo Inn's John Schiltz who received the
2005 Restaurateur of the Year from the Minnesota Restaurant Association.
The Council adjourn the meeting at 8:01 p.m. and opened up a Closed Session: Lake
Elmo vs. Sessing Mediation Update.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2006-018 Claims
Resolution No. 2006-019 Authorize Engineer to prepare Feasibility Report for Tablyn
Park Overlay Project
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006
Resolution No. 2006-020 Establish State Aid Route Manning from TH36 to 50' St.
Resolution No. 2006-021 Authorize Feasibility Report Manning Avenue Improvements
at TH36
Resolution No. 2006-022 Amended Development Agreement for Sanctuary of Lake
Elmo
Ordinance No. 97-165 Revisions to Fee Schedule
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006
VA
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-026
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 315, 316, DD664 through DD681,
28819 through 28850, were used for Staff Payroll dated March 161h, 2006; claims
28851 through 28900, in the total amount of $272,067.69 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 2 1 " day of March, 2006.
Dean A. Johnston
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
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Lake Elmo
Agenda Section: CONSENT AGENDA
No 4B.
City Council
March 21, 2006
Agenda Item: Minutes and Structure
Backaround Information for March 21 , 2006:
At its March 141h workshop, the City Council asked staff to prepare a written standard for documenting the
city's minutes for council and commission meetings in accordance with the law and guided by the League of
Minnesota Cities. After reviewing the State Statutes, the City Attorney's advice and League of Minnesota
Cities guidance, the following minute structure has been prepared for your consideration.
Minute Structure For City Council and Commissions
Minutes for meetings in the City of Lake Elmo are structured to provide accurate knowledge of official activities. Minutes serve
to record the actions at a meeting and serve as the legal record of decisions.
Required contents (Guided by state statute and Robert's Rules of Order)
Members of the Public Body who are present, Date, Time, Place and Tvpe of Meeting, Establishment of Quorum.
Numbered Agenda Items
Exact wording of Motion, Members who Make or Second Motions
Roll call votes on Motions,
Dissenting vote and reason (Limited to 1-2 sentences)
Summary of subject matter related to proposed Motions, Resolutions or Ordinances.
Other items to be included in the minutes as required
Findings of Fact (Land Use decisions and some personnel decisions)
Council's Conclusions (same reasons above related to subject matter)
Signature of Clerk
Not Included
Opinions/Interpretations of Recording Secretary
Judgmental Commentary (heated debate, valuable comment)
Discussion
Motions Withdrawn
Detailed Reports
Transcripts of the Meeting
Action Items:
Person responsible:
M/S to adopt the Minute documentation process as presented
S. Lumby
to record all Citv Council and Commission Meetings.
Attachments: LMC Guide
B. When meetings may not be scheduled
City council meetings may not be held at any of the following times:
Minn.. Star § 202A.19, subd. I. a After 6 p.m. on the evening of a major political parry precinct caucus,
Minn. Stitt. § 204C.03, subs. t. 0 Between 6 p.m. and 8 p.m. on a day when there is an election being held
within the city's boundaries.
Minn, Stitt. § 645.44, subd. 5. • On any legal holiday. (Note: "Legal holidays" include: New Year's Day,
Martin Luther King's Birthday, President's Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day, and Christmas Day. However, political subdivisions
have the option of determining whether Columbus Day and the Friday
after Thanksgiving are holidays. If it is determined that Columbus Day
and the day after Thanksgiving are not holidays, a meeting may be
scheduled on these days.)
Horne rule charter cities may have additional prohibitions in their charters as
to when meetings may be scheduled.
Part V. Minutes
Minn. stet, § 15.17. Municipal officers must keep all records necessary to provide a full and
accurate knowledge of their official activities.
A. Responsibility for taking minutes
Minn. stat. § 412.151, subs. t. A statutory city clerk must keep a minute book. Generally, he or she has wide
Whalen v. Minneapolis Special discretion as to how to keep the minutes. A verbatim record of everything that
Sch. Disc No. t, 309 Minn. 292, was said is not normally required. However, in any case where the law or
245 NW.2d 440 (1976). charter requires a verbatim record, the use of a tape recorder instead of a court
reporter to accomplish that objective is probably valid.
B. Required contents
The following items must be included in the minutes;
Minn. stat. §§ 13D.01, subs. 4; e The members of the public body who are present.
331A.01, subd. 6; 15.17, subd. I.
Minn. Stitt. §§ 412.151, subd. 1; s The members who male or second motions.
412.191, subd. 3; 331A.01, subd.
6.
Minn. Stat. §§ 331A.01, subd. 6; • Roll call vote on motions.
412.151, subd. 1; 412.191, subd. 3.
24 League of Minnesota Cities
Minn. star. §§ 331A.01, subd, 6;
. Subject matter of proposed resolutions or ordinances.
412,151, subd. 1.
Minn, stal. §§ 331A.01, subd. 6;
• Whether the resolutions or ordinances are defeatedor adopted.
412, 191, subd. 3.
Minn scat. §§ 13u.01, subd.4;
. The votes of each member, including the mayor.
331A.01, subd. 6; 412.151, subd.
1; 412.191, subd. 3.
Home rule charter cities may have additional requirements in their charters.
C. Other items that should be in the
minutes
55vanson v. City ofDtoonzington, Although not generally required by statute, several court decisions suggest that
421 N.w2d 307 (Minn. 1988). including certain information in the minutes can help to defend a city's action
Dietz n. Dodge County, 487 should a lawsuit occur. The following types of data are examples of
N.w2d 237 (Minn. 1992). information that should be included in the minutes:
• Findings offact. Case law requires them for land use decisions and some
personnel decisions.
The council's conclusions. Case law requires them for land use decisions
and some personnel decisions.
• The specific reasons behind the council's conclusions. Examples would
include such things as the economical, social, political or safety factors
that were considered when the council made a particular decision.
Minn. Stat. § 412,151, subd. 1. • Signature of cleric and mayor. Because minutes would likely be
considered to be official papers of the city, they should be signed by the
clerk. And although the law does not require it, in many cities the mayor
also signs the minutes after they are approved by the council.
D. Approval of minutes by council
'-A'
hou h it is not statutorily required,Jthe council generally approves the
minutes at the next counci meeting. After the minutes have been approved,
they become the official permanent record of the council meeting.
Problems sometime arise when someone requests a copy of the minutes before
they have been approved by the council. The clerk must give out such
information if someone requests it, but should make it clear that the minutes
will not be officially approved until the next meeting.
Meetings of City Councils 25
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8
Lake Elmo
Agenda Section: Finance
No. 5A
City Council
03-21-2006
Agenda Item: 2005 Annual Audit Report
Background Information for May 03, 2005:
Attached, please find the City of Lake Elmo 2005 Annual Financial Report. Steve McDonald from Abdo,
Eick & Meyers will present the report and respond to any inquiries. After careful review, the City
administrator and I have concluded that we are in agreement with the figures and findings. It should be
noted that past management letters indicated a reportable condition with regards to the Segregations of
Duties. The staff has taken measures to mitigate this situation and consequently was deleted from the 2005
Audit.
Action Items:
Person responsible:
Tom Bouthilet
1. Motion to accept the 2005 Annual Financial Report.
Attachments:
1. 2005 Annual Financial Report
ABDO
EICK &
// IJ _J M 1 L' 1 S LLP
Certtfied Public Accountants & Consultants
Grandview Square
5201 Eden Avenue
Suite 370
Edina, MN 55436
Honorable Mayor and Council
City of Lake Elmo, Minnesota
February 17, 2006
We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the
aggregate remaining fund information the City of Lake Ehno (the City), Minnesota, as of and for the year ended
December 31, 2005 which collectively comprise the basic financial statements as listed in the table of contents and have issued our
report thereon dated February 17, 2006. Professional standards require that we provide you with the following information related
to our audit:
Our Responsibility Under Auditing Standards Generally Accepted in the United States
As stated in our engagement letter, our responsibility, as described by professional standards, is to plan and perform our audit to
obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement and are fairly
presented in accordance with accounting principles generally accepted in the United States. Because an audit is designed to
provide reasonable, but not absolute assurance and because we did not perform a detailed examination of all transactions, there is
a risk that material errors, fraud, or other illegal acts may exist and not be detected by us.
In planning and performing our audit of the financial statements of the City, for the year ended December 31, 2005, we considered
its internal control in order to determine our auditing procedures for the purpose of expressing our opinion on the financial
statements and not to provide assurance on the internal control. We noted no material weaknesses in internal control.
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed
tests of compliance with certain provisions of laws, regulations, contracts and grants. However, the objective of our tests was not
to provide an opinion on compliance with such provisions. We noted no instances of non-compliance during our audit.
Significant Accounting Policies
Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our
engagement letter, we will advise management about the appropriateness of accounting policies and their application. The
significant accounting policies used by the City are described in Note 1 to the financial statements. The City implemented the
requirements of GASB Statement No. 40 - Deposit and Investment Risk Disclosures - an amendment of GASB Statement No. 3
during 2005. This changed the footnote disclosure related to deposits and investments. We noted no transactions entered into by
the City during the year that were both significant and unusual, and of which, under professional standards, we are required to
inform you, or transactions for which there is a lack of authoritative guidance or consensus.
952.835.9090 • Pax 952.835.3261
www.aemepas.com
City of Lake Elmo
February 17, 2006
Page Two
Accounting Estimates
Accounting estimates are an integral part of the financial statements prepared by management and are based on management's
knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are
particularly sensitive because of their significance to the financial statements and because of the possibility that future events
affecting them may differ significantly from those expected. The most significant estimate affecting the financial statements was
depreciation on capital assets.
Management's estimate of depreciation is based on estimated useful lives of the assets. We evaluated the key factors and
assumptions used to develop this estimate in determining that it is reasonable in relation to the financial statements taken as a
whole.
Audit Adjustments
For purposes of this letter, professional standards define an audit adjustment as a proposed correction of the financial statements
that, in our judgment, may not have been detected except through our auditing procedures. An audit adjustment may or may not
indicate matters that could have a significant effect on the City's financial reporting process (that is, cause future financial
statements to be materially misstated). In total, we made 57 journal entries. The entries listed below are the result of our testing.
The City will get better information as staff eliminates the need for these year end audit and accounting adjustments. There were
no unadjusted audit differences.
Adjusting Journal Entries JE # 4
To adjust withholding liability to zero against health expense based on
% total of unadjusted balance
101-000-0000-21706 Medical Insurance
101-000-0000-21708 Other Benefits
601-000-0000-10100 Cash
602-000-0000-10100 Cash
101-000-0000-10100
101-410-1320-41300
101-410-1520-41300
101-410-1910-41300
101-420-2220-41300
Cash
Health/Dental Insurance
Health/Dental Insurance
Health/Dental Insurance
Health/Dental Insurance
101-420-240041300 Health/Dental Insurance
101-430-3100-41300 Health/Dental Insurance
101-450-5200-41300
601494-9400-41300
602495-9450-41300
Total
Health/Dental Insurance
HealthlDental Insurance
Health/Dental Insurance
Debit Credit
21,736
3,993
2,528
609
3,137
3,572
1,658
2,985
4,914
3,721
4,221
1,521
2,528
609
$ 28,866 $ 28,866
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Adjusting Journal Entries JE # 5
To reclass assessment refund from may and june of 2005
409-000-0000-36100 Special Assessments
409-000-0000-36100 Special Assessments
409-000-0000-20200 Accounts Payable
Total
Adjusting Journal Entries JE # 6
To correct cash balance
101-000-0000-10100 Cash
101-000-0000-25300 Fund Balance
Total
Adjusting Journal Entries JE # 8
To record interest earned
on investments not recorded and increase in
accrued interest
101-000-0000-10100
Cash
101-000-0000-10400
Investments
101-000-0000-10450
Interest Rec on Investments
310-000-0000-10100
Cash
312-000-0000-10100
Cash
402-000-0000-10100
Cash
404-000-0000-10100
Cash
406-000-0000-10100
Cash
410-000-0000-10100
Cash
601-000-0000-10100
Cash
101-000-0000-10100
Cash
101-000-0000-36210
Interest Earnings
310-000-0000-36210
Interest on Investments
312-000-0000-36210
Interest on Investments
402-000-0000-36210
Interest on Investments
404-000-0000-36210
Interest on Investments
406-000-0000-36210
Interest on Investments
410-000-0000-36210
Interest on Investments
601-000-0000-36210
Interest on Investments
Total
Adjusting Journal Entries JE # 9
To reclass transfers
101-430-3100-47200 Transfer Out
101-430-3100-43090 Sealcoating & Crack Sealing
Total
Adjusting Journal Entries JE # 10
To reclass SAC received and paid in May 2005
602-000-0000-20802 SAC due Met Council
602-000-0000-37250 Connection Fees Regional
602-495-9450-43820 Sewer Utility - Met Council
Total
City of Lake Elmo
February 17, 2006
Page Three
Debit Credit
$ 335
339
674
$ 674 $ 674
$ 44,521
44,521
$ 44,521 $ 44,521
31,581
150,888
12,378
- 2,789
1,207
8,858
5,547
1,425
68,825
43,035
$ 326,533
$ 35,000
$ 163,266
31,581
2,789
1,207
8,858
5,547
1,425
68,825
43,035
$ 326,533
35,000
$ 35,000 $ 35,000
$ 1,875
$ 425
1,450
$ 1,875 $ 1,875
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Adjusting Journal Entries JE # 11
To reclass surcharge revenue from liability account
101-000-0000-20801 Building Permit Surcharge
101-000-0000-32215 Surcharge
101-420-2400-43060 Surcharge Payments
Total
Adjusting Journal Entries JE # 14
To correct July tax settlement coding
101-000-0000-33401 Local Government Aid
101-000-0600-36200 Miscellaneous Revenue
101-000-0000-31010 Current Ad Valorem Taxes
101-000-0000-31040 Fiscal Disparities
Total
Adjusting Journal Entries JE # 20
To reclass MSA State payments
101-000-0000-33418
MSA - Maintenance
402-000-0000-10100
Cash
101-000-0000-10100
Cash
402-000-0000-33418
MSA Maintenance
Total
Adjusting Journal Entries JE # 21
To record reclassing entries from deposit payable and adjust to actual
101-000-0000-10100
404-000-0000-10100
803-000-0000-22900
803-000-0000-22900
803-000-0000-44300
101-000-0000-32250
404-000-0000-20200
404-000-0000-36240
803-000-0000-10100
803-000-0000-10100
803-000-0000-22900
Total
Cash
Cash
Deposits Payable
Deposits Payable
Misellaneous Expense
Utility Permits
Accounts Payable
Dedication Fees
Cash
Cash
Deposits Payable
Adjusting Journal Entries JE # 23
To reclass MSA payments from state
310-000-0000-36100
310-000-0000-36100
310-000-0000-36100
310-000-0000-33426
Total
Special Assessments
Special Assessments
Special Assessments
MSA Grant
2054
Debit
$ 12,335
City of Lake Elmo
February 17, 2006
Page Four
Credit
$ 11,201
1,134
$ 12,335 $ 12,335
$ 4,794
55,523
$ 4,794
55,523
$ 60,317 $ 60,317
$ 9,068
$ 9,068
$ 9,068
$ 9,068
$ 18,136 $ 18,136
20,000
127,320
20,000
127,320
867
$ 295,507
$ 18,252
119,828
128,253
$ 20,000
10,900
116,420
20,000
127,320
867
$ 295,507
$ 266,333
$ 266,333 $ 266,333
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Adjusting Journal Entries JE # 28
To reclass revenue and expenses to new debt service fund
101-000-0000-31010 Current Ad Valorem Taxes
313-000-0000-10100 Cash
313-480-8000-46110 Interest exp
410-000-0000-10100 Cash
410-000-0000-39210 Transfer In
101-410-1320-47200 Transfer Out
101-430-3100-47200 Transfer Out
313-000-0000-10100 Cash
313-000-0000-31010 Current Ad Valorem Taxes
410-000-0000-10100 Cash
410-480-8000-46110 Bond Interest - New Facilities
Total
Adjusting Journal Entries JE # 29
To reclass interest payment to correct fund
310-000-0000-10100 Cash
312-480-8000-46110 Bond Interest
310-480-8000-46110 Bond Interest
312-000-0000-10100 Cash
Total
Adjusting Journal Entries JE # 31
To reclass interest out of agency fund
101-000-0000-10100 Cash
803-000-0000-36210 Interest on Investments
101-000-0000-36210 Interest Earnings
803-000-0000-10100 Cash
Total
Adjusting Journal Entries JE # 33
To reclass Linders assmt payment
310-000-0000-36100 Special Assessments
409-000-0000-10100 Cash
310-000-0000-10100 Cash
409-000-0000-36100 Special Assessments
Total
Adjusting Journal Entries JE # 34
To reclass special assessment reed
310-000-0000-36100
Special Assessments
310-000-0000-36100
Special Assessments
409-000-0000-10100
Cash
409-000-0000-10100
Cash
310-000-0000-10100
Cash
310-000-0000-10100
Cash
409-000-0000-36100
Special Assessments
409-000-0000-36100
Special Assessments
Total
Debit
$ 294,922
294,922
117,527
117,527
294,922
$ 1,119,820
$ 5,189
5,189
City of Lake Ehno
February 17, 2006
Page Five
Credit
$ 185,000
109,922
117,527
294,922
294,922
117,527
$ 1,119,820
$ 5,189
5,189
$ 10,378 $ 10,378
$ 4,340
4,340
$ 4,340
4,340
$ 8,680 $ 8,680
$ 12,469
12,469
$ 12,469
12,469
$ 24,938 $ 24,938
$ 2,308
4,763
2,308
4,763
$ 14,142
$ 2,308
4,763
2,308
4,763
$ 14,142
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City of Lake Elmo
February 17, 2006
Page Six
Adjusting Journal Entries JE # 35
Debit
Credit
To correct July Settlement assessment coding
310-000-0000-10100 Cash
$
45,486
310-000-0000-36100 Special Assessments
26,189
312-000-0000-10100 Cash
26,189
409-000-0000-10100 Cash
9,996
409-000-0000-36100 Special Assessments
55,482
310-000-0000-10100 Cash
$
26,189
310-000-0000-36100 Special Assessments
45,486
312-000-0000-36100 Special Assessments
26,189
409-000-0000-10100 Cash
55,482
409-000-0000-36100 Special Assessments
9,996
Total
$
163,342
$
163,342
Adjusting Journal Entries JE # 36
To correct December Tax settlement assessment coding
310-000-0000-10100 Cash
$
14,684
312-000-0000-10100 Cash
8,505
409-000-0000-10100 Cash
8,536
409-000-0000-36100 Special Assessments
33,155
601-000-0000-10100 Cash
1,430
310-000-0000-36100 Special Assessments
$
14,684
312-000-0000-36100 Special Assessments
8,505
409-000-0000-10100 Cash
33,155
409-000-0000-36100 Special Assessments
8,536
601-000-0000-36100 Special Assessments
1,430
Total
$
66,310
$
66,310
Adjusting Journal Entries JE # 39
To record 2005 Storm Water revenue that has not been billed yet and
adjust surface water a/r to actual
603-000-0000-11500 Surface Water Accounts Receiva $ 78,000
603-000-0000-37100 Surface Water Utility Sales 6,000
603-000-0000-11500 Surface Water Accounts Receiva $ 6,000
603-000-0000-37100 Surface Water Utility Sales 78,000
Total $ 84,000 $ 84,000
Adjusting Journal Entries JE # 40
To allocate water and sewer revenue
601-000-0000-37100
Water Sales
$ 29,520
602-000-0000-10100
Cash
29,520
601-000-0000-10100
Cash
$
29,520
602-000-0000-37200
Sewer Sales
29,520
Total
$ 59,040 $
59,040
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Adjusting Journal Entries JE # 45
To reclass developer deposit
404-000-0000-36240 Dedication Fees
803-000-0000-10100 Cash
404-000-0000-10100 Cash
803-000-0000-22910 Developer Payments
Total
Adjusting Journal Entries JE # 48
to reclass LMC Insurance divided
101-410-1320-43610 Insurance
101-000-0000-36200 Miscellaneous Revenue
Total
Adjusting Journal Entries JE # 52
To reclass WAC coded to water mains
601-000-0000-16400 Water Mains
601-000-0000-37150 Water Connections - Municipal
Total
Disagreements with Management
City of Lake Elmo
February 17, 2006
Page Seven
Debit Credit
$
101,900
101,900
$
101,900
101,900
$
203,800
$
203,800
$
11,060
$
11,060
$
11,060
$
11,060
9,200
$ 9,200
$ 9,200 $ 9,200
For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to
our satisfaction, concerning a financial accounting, reporting or auditing matter that could be significant to the financial statements
or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit.
Consultations with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to
obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's
financial statements or a determination of the type of auditors' opinion that may be expressed on those statements, our professional
standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our
knowledge, there were no such consultations with other accountants.
Issues Discussed Prior to Retention of Independent Auditors
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with
management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our
professional relationship and our responses were not a condition to our retention.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing our audit.
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City of Lake Ehno
February 17, 2006
Page Eight
Other Matters
Financial Position and Results of Operations
General Fund
The General fund is used to account for resources traditionally associated with government, which are not required legally or
by sound principal management to be accounted for in another fund. The fund balance decreased $128,188 to $2,245,735 at
December 31, 2005. The total fund balance represents 63 percent of the 2006 budgeted expenditures. We recommend the
fund balance be maintained at a level sufficient to fund operations until the major revenue sources are received in June. We
feel a reserve of approximately 40 percent to 50 percent of planned expenditures and transfers out is adequate to meet
working capital and small emergency needs. The City has made the following reservations and designations of fund balance:
Reserved for interhind advance
Designated for:
Community opinion survey
Public access
Building projects
Administrative contingency
Cash flow
Total
500,000
2004
500,000
10,000
10,000
77,465
77,465
1,258,640
1,258,640
40,000
40,000
359,630
487,818
$ 2,245,735 $ 2,373,923
The Minnesota Office of the State Auditor classifies unreserved fund balance levels relative to expenditures as follows
Extremely low
Under 20%
Loa'
21 - 34
Acceptable
35 - 50
Moderately high
51 - 64
High
65 - 100
Very high
100 - 150
Extremely high
Above 150
They do group all General, special revenue and Debt Service funds of the City when making this calculation where our
calculation is based only on the General funds. Although there is no legislation regulating fund balance, it is a good policy to
designate intended use of fund balance. This helps address citizen concerns as to the use of fund balance and tax levels.
The City currently has designated fund balances for various uses. This is a good practice in planning future outlays.
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City of Lake Elmo
February 17, 2006
Page Nine
A table summarizing the general fund balance in relation to budget follows:
Percent
Unreserved
General
of Fund
Fund Balance
Budget
Fund
Balance to
Year
December 31
Year
Budget
Budget
2000
$ 1,418,567
2001
$ 1,945,780
73 %
2001
1,779,944
2002
2,222,980
80
2002
2,202,783
2003
1,910,280
115
2003
2,123,072
2004
2,491,589
85
2004
2,373,923
2005
2,712,711
88
2005
2,245,735
2006
3,566,804
63
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
Fund Balance as a Percent of Next Year's Budget
$3,566,804
$2,712,711
$2,222,980 $2,491,589
85%
$1,945,780
�88%
115% 63%
80% $1,910,280
73%
2000 2001 2002 2003 2004 2005 2006
Fund Balance (Budget
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City of Lake Elmo
February 17, 2006
Page Ten
The purposes and benefits of a General fund balance are as follows:
Purposes and Benefits
• Expenditures are incurred somewhat evenly throughout the year. However, property tax and state aid revenues are not
received until the second half of the year. An adequate fund balance will provide the cash flow required to finance the
General fund expenditures.
The City is vulnerable to legislative actions at the State and Federal level. The State eliminated HACA aid with the 2001
legislative session and since then imposed reductions of market value credit aid and local government aid for some cities.
Levy limits have also been implemented for municipalities in past legislative sessions. An adequate fund balance will
provide a temporary buffer against those aid adjustments and levy limits.
• Expenditures not anticipated at the time the annual budget was adopted may need immediate Council action. These
would include capital outlay replacement, lawsuits and other items. An adequate fund balance will provide the financing
needed for such expenditures.
A strong fund balance will assist the City in obtaining a more favorable bond rating.
A summary of the 2005 operations is as follows:
Revenues
Expenditures
Excess (deficiency) of revenues
over (under) expenditures
Other financing sources (uses)
Transfers out
Net change in fund balance
Fund balance, January 1, 2005
Fund balance, December 31, 2005
Final
Variance with
Final Budget -
Positive
Budget Actual (Negative)
$ 2,152,349 $ 2,218,359 $ 66,010
2,226,487 2,139,949 86,538
(74,138) 78,410 152,548
(171,598) (206,598) (35,000)
$ (245,736) (128,188) $ 117,548
2,373,923
$ 2,245,735
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A more detailed comparison of General fund revenue with the prior year is as follows:
Source
Percent
of
2005 Total 2004
City of Lake Elmo
February 17, 2006
Page Eleven
Increase
(Decrease)
From 2004
Property taxes
$ 1,613,435
72.7 %
$ 1,697,236 $
(83,801)
Licenses and permits
245,252
11.1
181,069
64,183
Intergovernmental
76,375
3.4
265,393
(189,018)
Charges for services
108,137
4.9
139,507
(31,370)
Fines and forfeits
58,441
2.6
52,015
6,426
Investment earnings
99,797
4.5
49,890
49,907
Miscellaneous
16,922
0.8
18,392
(1,470)
Total revenues
$ 2,218,359
100.0 %
$ 2,403,502 $
(185,143)
The 2005 revenue is graphically presented as follows:
2005 Revenues
Property taxes
72.7%
Miscellaneous
0.8%
Investment earnings
4.5%
7
Fines afforfeita777ges for sees
.4.9 0
Intergovernmental
3.4%
Licenses and permits
11.1%
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A more detailed comparison of expenditures with the prior year is as follows:
Program
General government
Public safety
Public works
Culture and recreation
Capital outlay
Transfers out
Total expenditures and transfers
Percent
of
2005 Total 2004
$ 851,645
36.3 %
881,905
37.6
286,756
12.2
109,153
4.7
10,490
0.4
206,598
8.8
$ 2,346,547
100.0 %
The 2005 expenditures and transfers are graphically presented as follows:
Transfers o
8.8%
Capital outlay
0.4%
Culture and recreati
4.7%
12.2%
2005 Expenditures
General government
36.3%
City of Lake Elmo
February 17, 2006
Page Twelve
Increase
(Decrease)
From 2004
$ 766,841 $
84,804
848,439
33,466
261,144
25,612
108,213
940
19,014
(8,524)
149,000
57,598
$ 2,152,651 $
193,896
ety
37.6%
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City of Lake Elmo
February 17, 2006
Page Thirteen
Debt Service Funds
Debt service funds are used to account for the payment of long-term debt principal and interest. Governmental accounting
does not report the outstanding debt as a liability of the fund except for debt paid from enterprise funds. The following is a
summary of the assets accumulated in each debt service fund and the related long-term debt at year end.
Debt Description
General Obligation Bonds
2001 G.O. Improvement
2002 G.O. Improvement
2004 G.O. CIP
Total General Obligation Bonds
Capital Projects Funds
December 31, 2005 Final
Total Total Bonds Maturity
Cash Assets Outstanding Date
-
$ 286,917 $ 365,698 $ 850,000 2017
98,571 262,505 215,000 2012
177,395 177,395 4,090,000 2025
$ 562,883 $ 805,598 $ 5,155,000
These funds accumulate resources to finance major capital acquisition and construction projects. A recap of each fund and
fund balances (deficits) follows:
Fund
Major
Equipment Acquisition
Nonmajor
Infrastructure Reserve
Park Acquisition
Section 33 Utilities
MSA Construction
Total
Fund Balances (Deficits)
December 31,
Increase
2005
2004
(Decrease)
$ 3,893,501 $
4,694,896
$ (801,395)
(273,163)
(193,623)
(79,540)
476,090
264,838
211,252
95,169
91,831
3,338
604,342
567,497
36,845
$ 4,795,939 $ 5,425,439 $ (629,500)
As projects are completed the City should transfer the remaining resources to the original funding source or to a permanent
reserve fund. The Section 33 Utilities fund has had virtually no expenditure activity for at least the last three years. If this
project is complete, the fund should be closed by Council resolution in 2006.
The Infrastructure Reserve fund has a deficit fund balance at the end of the year. It appears future special assessments may
not be sufficient to eliminate the deficit. The City should identify how the deficit will be eliminated.
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City of Lake Elmo
February 17, 2006
Page Fourteen
Enterprise Funds
The Water Utility, Sewer Utility and Storm Water Utility make up this fund type. A three year comparison for the Water
Utilities fund follows:
Operating revenues
Operating expenses
Income (loss)
from operations
Nonoperating revenues
Income (loss)
before transfers
Cash and investments
Bonds payable
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$(1,000,000)
Percent of
Percent of
Percent of
2003
Total
2004
Total
2005
Total
$
289,189
100.0 %
$ 215,263
100.0 %
$ 211,525
100.0 %
252,270
87.2
333,705
155.0
321,907
152.2
36,919
12.8
(118,442)
(55.0)
(110,382)
(52.2)
20,345
7.0
21,155
9.8
12,914
6.1
$
57,264
19.8 %
$ (97,287)
(45.2) %
$ (97,468)
(46.1) %
$
1,059,937
$ 1,015,137
$ 4,628,826
$
665,000
$ 640,000
$ 5,215,000
2003
Water Utility Fund
2004
2005
■ Operating revenues ■ Operating expenses ■ Nonoperating revenues
❑ Change in net assets ■ Cash and investments ❑ Bonds payable
The large increase in cash was due to unspent bond proceeds. The Water fund owes $500,000 to the General fund.
Repayment terms have not yet been set. The City should establish an amortization schedule to provide for repayment.
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City of Lake Elmo
February 17, 2006
Page Fifteen
A three year comparison for the Sewer Utility fund follows:
Percent of
Percent of
Percent of
2003
Total
2004
Total
2005
Total
Operating revenues
$ 15,462
100.0 %
$ 23,158
100.0 %
$ 32,381
100.0 %
Operating expenses
38,372
248.2
49,079
211.9
44,503
137.4
Loss from operations
(22,910)
(148.2)
(25,921)
(111.9)
(12,122)
(37.4)
Nonoperating revenues
-
-
196
0.8
-
-
Loss before transfers
(22,919
(148.2) %
(25,725)
111.1 %
(12,122)
37.4
Cash and investments
$ 22,757
$ 6,493
$ 2,207
Sewer Utility Fund
,�-)v,vvv
$45,000
$40,000
$35,000
$30,000
$25,000
$20,000
$15,000
$10,000
$5,000
$(5,000)
2003
2004
2005
■ Operating revenues
$15,462
$23,158
$23,158
■ Operating expenses
$38,372
$49,079
$49,079
■ Nonoperating revenues
$-
$196
$-
❑ Cash and investments
$22,757
1 $6,493
1 $2,207
The Sewer Utility fund experienced an operating loss in 2005, 2004 and 2003. These losses are significant based on the level
of operations. The cash balance has also been depleted. We recommend that the City review its rates to ensure that adequate
cash flow can be obtained.
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Storm Water Utility
A two year comparison for the Storm Water Utility fund follows:
Operating revenues
Operating expenses
Interest income
Change in net assets
Cash and investments
City of Lake Elmo
February 17, 2006
Page Sixteen
Percent of Percent of
2004 Total 2005 Total
$ 85,513 100.0 % $ 72,000 100.0 %
(71,760) (83.9) (12,148) (16.9)
316 0.4 - -
$ 14,069 16.5 % $ 59,852 83.1 %
$ (9,002) $ (23,797)
Storm Water Results of Operations
D 1 V V,wu
$80,000
$60,000
$40,000
$20,000
$-
$(20,000)
$(40,000)
- -
2004
2005
■ Operating revenues
$85,513
$72,000
■ Operating expenses
$71,760
$12,148
■ Nonoperating revenue
$316
$-
❑ Change in net assets
$14,069
$59,852
■ Cash and investments
$(9,002)
$(23,797)
The first year of activity was reported in 2004. The cash balance is currently a deficit due to project costs. The rates should
be reviewed to ensure that adequate cash flow exists.
952.835.9090 • Fax 952.835.3261
www.aemepas.com
City of Lake Elmo
February 17,2006
Page Seventeen
Other Items
Future Accounting Standard Changes
The following Governmental Accounting Standards Board (GASB) Statements have been issued and may have an impact on
future City financial statements:
GASB Statement No. 42 -Accounting and Financial Reporting for Impairment of Capital Assets and for Insurance
Recoveries
This statement is effective for periods beginning after December 15, 2004 and deals with the accounting and financial
reporting for impairment of capital assets. According to the GASB, "Ibis Statement improves financial reporting because it
requires governments to report the effects of capital asset impairments in their financial statements when they occur rather
than as a part of the ongoing depreciation expense for the capital asset or upon disposal of the capital asset. Users of financial
statements will better understand when impairments have occurred and what their financial impact is on the government. This
statement also enhances comparability of financial statements between governments by requiring all governments to account
for insurance recoveries in the same manner."
GASB Statement No. 43 - Financial Reportingfor Post employment Benefit Plans Other than Pension Plans
This statement is effective one year prior to the effective date of Statement No. 45 for the employer or largest participating
employer in the benefit plan for multiple -employer plans. According to Statement No. 43, "The objective of this statement is
to establish uniform standards of financial reporting by State and local governmental entities for other post employment
benefit plans (OPEB plans). The term other post employment benefits (OPEB) refers to post employment benefits other than
pension benefits and includes (a) post employment healthcare benefits and (b) other types of post employment benefits (for
example, life insurance) if provided separately from a pension plan. The term plans, in this context, refers to trust or other
funds through which assets are accumulated to finance OPEB, and benefits are paid as they come due. This statement
provides standards for measurement, recognition, and display of the assets, liabilities, and, where applicable, net assets and
changes in net assets of such funds and for related disclosures. The requirements of this statement apply whether an OPEB
plan is reported as a trust or agency fund or a fiduciary component unit of a participating employer or plan sponsor, or the
plan is separately reported by a public employee retirement system (PERS) or other entity that administers the plan."
GASB Statement No. 44 - Economic Condition Reporting: The Statistical Section an amendment ofNCGA Statement 1
This statement only applies to statistical sections of financial statements. It is effective for periods beginning after
June 15, 2005. The City currently does not prepare a statistical section.
GASB Statement No. 45 -Accounting and Financial Reporting by Employers for Post employment Benefits Other Than
Pensions
This statement is effective in three phases based on a government's total annual revenues in the first fiscal year ending after
June 15, 1999:
• Governments that were phase 1 governments for the purpose of implementation of Statement No. 34 - those with
annual revenues of $100 million or more - are required to implement this Statement in financial statements for
periods beginning after December 15, 2006.
952,835.9090 • Fax 952.835.3261
w .aemepas.com
City of Lake Ehno
February 17, 2006
Page Eighteen
• Governments that were phase 2 governments for the purpose of implementation of Statement No. 34 - those with
total annual revenues of $10 million or more but less than $100 million - are required to implement this Statement in
financial statements for periods beginning after December 15, 2007.
• Governments that were phase 3 governments for the purpose of implementation of Statement No. 34 - those with
total annual revenues of less than $10 million - are required to implement this Statement in financial statements for
periods beginning after December 15, 2008.
Statement No. 45 gives the following summary, "In addition to pensions, many state and local governmental employers
provide other post employment benefits (OPEB) as part of the total compensation offered to attract and retain the services of
qualified employees. OPEB includes post employment healthcare, as well as other forms of post employment benefits (for
example, life insurance) when provided separately from a pension plan. This Statement establishes standards for the
measurement, recognition, and display of OPEB expense/expenditures and related liabilities (assets), note disclosures, and, if
applicable, required supplementary information (RSI) in the financial reports of state and local governmental employers."
GASB Statement No. 46 - Net Assets Restricted by Legislation an amendment of GASB Statement No. 34
This statement is effective for periods beginning after June 15, 2005. Statement No. 46 gives the following summary "GASB
Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local
Governments, requires that limitations on the use of net assets imposed by enabling legislation be reported as restricted net
assets. In the process of applying this provision, some governments have had difficulty interpreting the requirement that those
restrictions be "legally enforceable." The confusion over this phrase has resulted in a diversity of practice that has diminished
comparability.
This statement clarifies that a legally enforceable enabling legislation restriction is one that a party external to a government -
such as citizens, public interest groups, or the judiciary - can compel a government to honor. The statement states that the
legal enforceability of an enabling legislation restriction should be reevaluated if any of the resources raised by the enabling
legislation are used for a purpose not specified by the enabling legislation or if a government has other cause for
reconsideration. Although the determination that a particular restriction is not legally enforceable may cause a government to
review the enforceability of other restrictions, it should not necessarily lead a government to the same conclusion for all
enabling legislation restrictions.
This statement also specifies the accounting and financial reporting requirements if new enabling legislation replaces existing
enabling legislation or if legal enforceability is reevaluated. Finally, this Statement requires governments to disclose the
portion of total net assets that is restricted by enabling legislation."
GASB Statement No. 47 - Accounting for Termination Benefits
In general, Statement No. 47 is effective for financial statements for periods beginning after June 15, 2005. However, for
termination benefits that affect defined benefit post employment benefits other than pensions, governments should implement
Statement No. 47 simultaneously with Statement No. 45, Accounting and Financial Reporting by Employers for Post
employment Benefits Other Than Pensions. The statement provides accounting and reporting guidance for state and local
governments that offer benefits such as early retirement incentives or severance to employees that are involuntarily
terminated. The statement requires that similar forms of termination benefits be accounted for in the same manner and is
intended to enhance both the consistency of reporting for termination benefits and the comparability of financial statements.
952.835.9090 • Fax 952.835.3261
w .aemopasxom
City of Lake Elmo
February 17, 2006
Page Nineteen
This report is intended solely for the information and use of management, Council and the Minnesota Office of the State Auditor
and is not intended to be and should not be used by anyone other than these specified parties.
Our audit would not necessarily disclose all weaknesses in the system because it was based on selected tests of the accounting
records and related data. The comments and recommendations in the report are purely constructive in nature, and should be read
in this context.
If you have any questions or wish to discuss any of the items contained in this letter, please feel free to contact us at your
convenience. We wish to thank you for the opportunity to be of service and for the courtesy and cooperation extended to us by
your staff.
February 17, 2006
Minneapolis, Minnesota
ABDO, EICK & MEYERS, LLP
Certified Public Accountants
952.835.9090 • Fax 952.835.3261
w .aemcpasxom
Lake Elmo
Agenda Section: Building/Fire/Maintenance
No. 7A.
City Council
March 21, 2006
Agenda Item•
A. Building Dept. Monthly Update.
B. Report on Marathon Car Wash
C. Miscellaneous
Background Information:
I will give a brief report on the operation of the car wash at the Marathon gas station at Hwy 5 and
Manning Ave. A clarification of it's operation was requested by Councilmember Delapp a the
February 2 1 " council meeting
Action Items:
Person responsible:
Informational. No action needed.
J. McNamara
Attachments:
Summary Building Report for February
Summary Building Report
February 2009
Year to Dafe
Permits
Permits
Issued
Valuation
Issued
Valuation
New Residential 0
$0.00
New Residential 1
$589,759.00
New Commercial 1
$81,080.00
New Commercial 2
$1,108,080.00
Other Residential 18
$1,008,115.00
Other Residential 37
$1,193,074.00
Other Commercial 2
$6,500.00
Other Commercial 6
$142,904.00
Total 21
$1,095,695.00
Total 46
$3,033,817.00
Total BuildingFees Collected
$17 880.72
Total Building Fees Collected
9
$45 682.44
i
Summaa Plumbing Report
i
Summary Plumbing Re ort
Plumbing 2
$38,000.00
Plumbing 6
$74,900.00
Total Plumbing Fees Collected
$101.00
Total Plumbing Fees Collected
$478.00
Summary HVAC Report
Summary HVAC Report
HVAC 6
$153,380.00
HVAC 14
$221,155.00
Total HVAC Fees Collected
$1,493.80
Total HVAC Fees Collected
$2,281.55
Summary Grand Total Fees
$19,475.52
Summary Grand Total Fees
$48,441.99
Surcharge Fee Paid to State
$1,094.07
Surcharge Fee Paid to State
$2,051.13
SAC Fees Paid to Met Council
SAC Fees Paid to Met Council
$0.00
WAC Fees Paid to Oakdale
WAC Fees Paid to Oakdale
$0.00
Misc. Expenses
Misc. Expenses
$0.00
Total Fees Retained
$18,381.45
Total Fees Retained
r $46,390.86
Credit Fees to Bldg $18,381.45 Credit Fees to Bldg $38,990.86
Credit Fees to Water $0.00 Credit Fees to Water $7,400.00
Credit Fees to Sewer $0.00 lCredit Fees to Sewer $0.00
TKDA
ENGINEERS - ARCHITECTS - PLANNERS
RECEIVED
March 10, 2006
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: Water System Interconnect Phase IV
City of Lake Elmo, Minnesota
TKDA Project No. 13186.008
Dear Mayor and City Council:
1500 Piper Jaff ray 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 March 10, 2006, with the following results. A
complete Tabulation of Bids is enclosed for your information.
Contractor
Base Bid
Ellingson Drainage
$
412,75,8.68
Push Inc.
$
468,906.50
MinnComm
$
482,481.60
EBI Drilling
$
506,710.00
GM Contracting, Inc.
$
517,502.65
Michels Corporation
$
755,441.34
EMJ Pipe Services, Inc.
$
834,367.00
Engineer's Estimate
Recommendation
$ 450,592.00
We recommend that you award the Contract to the lowest bidder, Ellingson Drainage, for their
base bid of $412,758.68.
Please do not hesitate to call me with any questions or comments you may have.
Sincerely,
Thomas D. Prew, P.E.
Project Manager
TDP:bas
Enclosure
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-027
A RESOLUTION AWARDING THE BID FOR THE WATER SYSTEM
INTERCONNECT PHASE IV PROJECT
WHEREAS, pursuant to an advertisement for bids for the Water System Interconnect Phase IV
Project, bids were received, opened and tabulated according to law, and the following bids were received
complying with the advertisement:
Contractor
Base Bid
Ellingson Drainage
$412,758.68
Push Inc.
$468,906.50
MinnComm
$482,481.60
EBI Drilling
$506,710.00
G.M. Contracting, Inc.
$517,502.65
Michels Corporation
$755,441.34
EMJ Pipe Services, Inc.
$834,367.00
AND WHEREAS, Ellingson Drainage 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 Ellingson
Drainage in the name of the City of Lake Elmo for the Water System Interconnect Phase IV
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 deposits
made with their bids, except that the deposits of the successful bidder and the next lowest
bidder shall be retained until a contract has been signed.
ADOPTED, by the Lake Elmo City Council this 21 st day of April, 2006.
Dean Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
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Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9A
City Council
March 21, 2006
$I6d
Agenda Item: Request for Reconsideration — Haire Variance (Hill Trail)
Background Information for March 21, 2006:
Staff has been contacted by the applicants for this variance to OHW setback and minimum lot area that was
denied by the City Council on March 6, 2006. They have advised that they were unaware of the changed
Council meeting date (from regular Tuesdays to the March 6 Monday due to caucus) until it was too late to
attend and present their application. Staff confirms that neither applicant was in attendance at the March 6,
meeting. An agenda/notice of the meeting was mailed to Mr. Haire by the City Clerk, but Mr. Haire advises
that he did not notice the date change from what had been announced at the prior Planning Commission
meeting. He also advises that he was prepared to present additional information that would address some of
the concerns stated in the findings for variance denial.
Considering the somewhat unique circumstances of this situation staff has agreed to poll the Council as to
whether there is interest by the Council to move reconsideration of the application at a later Council
meeting — probably April 4. Since the four Council Members in attendance on March 6 all voted for the
Resolution to deny, any of those four may offer a Motion to reconsider — per advice from Attorney Filla.
The applicants have agreed to extend the 60 day application review period should the Council decide to
reconsider.
Person responsible:
Action items:
Motion to reconsider the Haire variance application at the April 4,
Ci e
2006 City Council Meeting to enable the applicants to present
additional information regarding the application.
In the alternative the Council could take no further action and the
application will remain concluded as a denial.
Attachments:
Time Allocated:
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Mar•14. 2066 10 53AM No-1682 P- 2/2
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March 14, 2006
Lake Elmo City Council
Re: 8160 Hill Trail `otth
Lake Elmo, Mm
Honorable Mayor and Counoil Members:
As applicant for the (2) variance requests at the above named address, we are granting
permission to extend the 60 day requirement to act on this request.
On March &, 2006 a meeting was held at the lake Elmo City Hall with the above
variance requests as part of the meeting agenda. The regular meeting was initially
scheduled and published for March 7", 2006, which we were informed to attend.
The regular meeting was changed to Monday March 6 h, 2006 and notices were sent, but
we as the applicant did not receive one. The fee owners, Kevin and Gina Haire did
receive a notice on Monday March 7�h, 2006 via US Mail at 7:30PM it was post marked
Friday, March .3Yd, 2006. They immediately called me to ask if I knew of the meeting
change. I did not and was at another appointment that evening.
We as the applicant, Merit Custom Homes, Inc. are asking that at. least one of the council
members make a motion to put our request for variances on the council agenda for the
scheduled meeting on Tuesday March 2192, 2006. We are asking for this so that we can be
present for the discussion of these variances and.respond to any concerns the council may
have about these (2) variances.
Sincerely,
Todd D. Ganz
.President
763-434-1500 office
763-434-6416 fax
21471 Ulysses Street NE + East Bethel, MN 55011
Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B
City Council
March 21, 2006
System Setback Variance — 7949 Hill Trail
Background Information for March 21, 2006•
Section 700 of the City Code was amended in recent years to permit the City to consider variances from the
private septic system design standards of that Section and Minnesota Rules 7080. Prior to that Code
amendment, no variances were technically possible — although I am told there were some approved
regardless. The amended Code provides for a septic variance to be processed in the exact same manner as a
zoning variance.
On March 13, 2006 the Planning Commission considered this septic variance application to locate a
replacement drain field within 15 feet of an existing structure (the home) where Section 700 requires a 20
foot setback. The Commission voted to 8-1 (Ptacek opposed) to recommend approval of the variance
requested based on findings that no reasonable alternative replacement drain field site appears available on
the site, and a mound system was not a preferred alternative. Commissioner Ptacek stated that he believes
that a mound system is a potential alternative.
We have attached a letter from the applicant requesting waiver of the variance application fee. Rather than
bringing this forward to the Council a s a separate agenda item at the time of application we have processed
the application without payment of the fee. The Council is requested to make a separate Motion regarding
waiving of the application fee. Any waiver of fee, if approved, probably should be related to this as a septic
setback variance related to a failed system to avoid similar requests for zoning variances in the future.
Person re onsible:
Action items:
C' P e
Motion regarding waiver of the variance processing fee.
Motion to adopt Resolution #2006; approving a variance to
Section 700 septic s\design standards to permit a replacement
drain field to be constructed at 7949 Hill Trail within 15 feet of the
existing house where a 20 foot setback in otherwise required,
based on the Findings and recommendation of the Planning
Commission.
Attachments: C, a 9 Time Allocated:
1. Draft Resolution #2006 - Approving Septic Variance
2. Draft Planning Commission Minutes of March 0, 2006
3. Planning Staff Report
4. Applicant's Documentation
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-028
A RESOLUTION APPROVING A VARIANCE FOR
JEFFERY JOHN AND ROBIN SCHARRER
LOCATED AT 7949 HILL TRAIL NORTH
WHEREAS, Jeffery John and Robin Scharrer, 7949 Hill Trail North, have made
application for a variance to Section 700 of the Lake Elmo Municipal Code and Chapter
7080.0170 of Minnesota Rules to construct a replacement septic drain field
approximately 15 feet from a structure where 20 feet are required.
WHEREAS, at its March 13th meeting, the Planning Commission reviewed and
recommended approval of setback system variance at 7949 Hill Trail North based on the
following findings:
1. The property can not be put to reasonable use without the granting of the
variance requested. The existing home must be served with private septic and
a new drain field location is required.
2. The variance requested results from eircurnstances unique to properties where
historic platting has resulted in parcel area insufficient to support proper septic
system replacements without variance from septic setback standards adopted
after the parcels were platted and homes constructed.
3. Granting of the variance will not change the essential character of the
neighborhood.
WHEREAS, at its March 2151 meeting, the Lake Elmo City Council reviewed the
septic system setback variance application of Jeffery John and Robin Scharrer to permit
construction of a replacement drain field, per plans staff -dated March 9, 2006, at 7949
Hill Trail N. within 15 feet of the existing house where a 20 foot setback is otherwise
required.
NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council
approves the variance at 7949 Hill Trail to construct a replacement septic drain field
within 15 feet of an existing structure where a 20 foot setback is required by Section 700
of the City Code based on plans staff -dated March 13, 2006 and the Findings of the
Planning Staff Report of March 9, 2006.
ADOPTED BY THE Lake Elmo City Council the 21 st day of March, 2006.
Dean Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Scharrer Variance
City of Lake Elmo
Planning Commission Meeting
Minutes of March 13, 2006
Agenda
M/S/P, Fliflet/Ptacek to add Public Hearing: Consider Code Amendment for Drive -up Service
Windows Adjacent to Restaurant in GB Zone as Item 6 and to accept the Agenda as amended.
VOTE: 8:0.
Minutes of February 27, 2006
M/S/P, Fliflet/Roth to table minutes of February 27, 2006 until next meeting. VOTE: 8:0.
Public Hearing: Variance -Septic within house setback
The Planner said the home at 7949 Hill Trail North was constructed in 1976, and there is no record of
improvements to the original septic system. The septic designer concludes there is only one location
for the drainfield. In order for that system to, be installed, it has to be fifteen feet from the house.
The Planner looked at whether another location can be found or whether a mound system could be
used. The Planner said the applicant says this location is the only one. While a mound system could
be used in this case, the city does not always like them because they have a tendency to freeze.
Mounds are generally looked at in Lake Elmo as a system of last resort because there have been
problems with them here. Staff recommends approval of the variance as requested.
Commissioner Ptacek said his research says a mound system is much more efficient and lasts much
longer than a conventional system. He had a variance for a mound system and has had no problems.
The Applicant, Mr. Scharrer, said he received a call from city staff to see if the drainfield could be.
placed elsewhere on the lot. He said the design submitted did not show the additional constraints of
the deck or gazebo. He distributed a new design.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:15 P.M.
Nobody spoke.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:16 P.M.
M/S/P, Van Zandt/Deziel, to recommend approval of the variance from the house setback for a septic
system at 7949 Hill Trail North based on the findings in the Planner's Staff Report - points 1, 2, and
3, and the unknowns for an alternative system,. VOTE: 7:1 Nay: Ptacek-Provide Planning
gommission the negatives of mound systems once and for all.
Public Hearing: Consider Code Amendment -Home Occupations
The Planner said he reduced the three columns to one in his Staff Report. Under number 6 on second
page, it should read, "... there should be NO employees on -site." Seven paragraphs would be added
to the zoning ordinance under the various zoning districts where there are home occupations
currently addressed.
The Mayor provided his recommendation for the ordinance in an e-mail distributed at the meeting by
the Plainer.
Chairman Helwig said the definition for Home Office is missing some of the other items included in
Home -based. Business.
Lake Elmo Planning Commission Meeting Minutes of March 13, 2006
LADE ELMO PLANNING COMMISSION
STAFF REPORT
Date: March 9, 2006 for the Meeting of March 13, 2006
Applicant: Scharrer
Location:. 7949 Hill Trail
Requested Action: Septic System Setback Variance
Land Use Plan Guiding: SRD
Existing Zoning: R-1
Site history and Existing Conditions:
City records reveal that a home was constructed on this 27,500 square foot parcel in 1976, In 1982
a permit was issued for a "basement finish", and later a permit was issued for a deck addition. No
planning zoning applications are of record on this site. It appears that the original 1976 septic
system is still in service.
Discussion and Analysis:
The applicant advises that the existing drain field on the site has reached the end of its useful life.
The applicant needs to install additional septic tankage and a new drain field. The applicant further
advises that the septic designer reports that the only available location on the site for a drain field
of the required size will place the end of the new drain field within 15 feet of the existing home
where Section 700 of the City Code prescribes a minimum 20 foot setback from structures.
Section 700 of the City Code provides that variances from the standards prescribed for private
septic systems may be considered by the City. Those variances must be processed in the same
manner as zoning ordinance variances — hence the Hearing before the Planning Connnission.
Presumably the same hardship standards apply with septic variances as with zoning variances.
Findings and Recommendations:
Staff review of the proposal for replacement septic treatment has addressed two primary questions:
1. Is there another location on the site where the new drain field could be located, and no
setback variance be required?
2. Is a mound system an alternative that will eliminate the need for a setback variance?
If either answer is in the affirmative, a hardship will be difficult to find in this case.
We have spoken with the applicant regarding both questions. The applicant states (and we do not
have any information to counter this) that existing tree cover and the well location behind the
house preclude a drain field there. The well setback of 50 feet alone limits.where the drainfield
could be located.
There would appear to be an option of using a mound system, thereby reducing the areal extent of
the "drain field" and attaining the 20 foot set back from the house. Use of mound system waste
treatment has not been a preferred solution in Lake Elmo, and was not even legally possible until
2000 when the City Code was amended consistent with Minnesota Rules 7080 in that regard. Even
then, mound systems (with their inherent tendency to freeze, and other potential issues) are
generally considered the solution of last resort in Lake Elmo.
Based on the foregoing it appears to staff that Findings to support a hardship can be made in this
case, as follow:
1. The property can not be put to reasonable use without the granting of the variance
requested. The existing home must be served with private septic and a new drain field
location is required.
2. The variance requested results from circumstances unique to properties where historic
platting has resulted in parcel area insufficient to support proper septic system
replacements without variance from septic setback standards adopted after the parcels
were platted and homes constructed.
3. Granting of the variance will not change the essential character of the neighborhood.
Planning Commission Actions Requested:
Motion to recommend approval of a variance at 7949 Hill Trail to construct a replacement septic
drain field within 15 feet of an existing structure where a 20 foot setback is required by Section
700 of the City Code based on plans staff -dated. March 9, 2006, and the Findings of the Planning
Staff Report of March 9, 2006.
Oda-,
Charles E. Dillerud, City Planner
Attachments:
1. Location Map
2. Air Photo
3. Applicant's Documentation
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Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9C
City Council
March 21, 2006
Ordinance/City Code Amendments — Home Occupations
Background Information for March 21, 2006:
Following many months of discussion and numerous drafts at multiple Planning Commission meetings the
Commission, on March 13, 2006, conducted a Public Hearing (regarding the Zoning Ordinance
amendments) and unanimously adopted a recommendation to amend Sections 150 (definitions), Section 300
(regarding allowable uses in some residential zones) and Section 1100 (regarding City licensing of
uses/activities) regarding the regulation of "home occupations".
The recommended regulation strategy differs significantly from that which is in the City Code today —
merely a "definition" of Home Occupation that also establishes standards. The Code amendment drafts here
presented by the Commission incorporate two significant components:
1. Recognizing the 21" Century trends in life style the Code would anticipate and accommodate the
concept of the "Home Office", where there is no physical evidence of business being carried on
within the home. The oft -stated example is the home business carried on with little more than a
computer, FAX machine and telephone.
2. Once the level of home business extends beyond the totally transparent Home Office scenario in any
manner, the use becomes a "Home Based Business". A new Section 1115 is proposed to be added
to Section 1100 (Licensing) to provide a process to both license Home Based Businesses, and
establish standards/thresholds for such uses.
While the structure of the home occupation regulation has not been overly controversial at the Commission
level, the standards/thresholds that would appear in Section 1115 certainly have been, with the primary
issue being at what point does a business (by its operations) cease to be a residential use and rather become
a use that should be located in a commercial zoning district.
(Home Occupations — Continued on Page 2)
Action items:
Motion directing staff regarding the disposition of the Planning
Commission recommended Code amendments regarding the
regulation of Home Occupations.
Attachments:
1. Commission Recommended Code Amendments
2. Draft Planning Commission Minutes of March 13, 2006
3. Mayor Johnston's Letter of March 13, 2006
4. Staff memo of March 9.2006
5. Current Home Occupation Definition
Person onsible:
City I
Time Allocated:
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(Home Occupations — Continued from Page 1)
Mayor Johnston submitted a letter regarding this issue which was shared with the
Commission on March 13. A copy is attached. The letter requests the Commission to
limit the scale of storage allowed with Home Based Businesses, and to provide for annual
licenses rather than the "one time issue" perpetual license.
The Commission recommendation is three -fold:
1. Amend Section 150 (Definitions) to repeal the existing "Home Occupation"
definition and add new definitions of "Home Office" and "Home Based
Business".
2. Amend Section 1110 to add a new Section 1115 — Licensing of Home Based
Businesses
3. Amend several sections of the Zoning Ordinance to repeal references to Home
Occupations and add references to Home Based Business and Home Office.
Rather than present the Commission -proposed strategy for Home Occupations in formal
ordinance format, we have here included that strategy in the very same format that was
seen by the Commission. It becomes a bit easier to follow without all of the formal
numbering etc. Should the Council determine that the Commission -recommended Code
modifications (or some similar iteration) be in the best interests of the City staff will
return with the formal ordinances at the next meeting.
DRAFT MARCH 14, 2006 — PLANNING COMMISSION RECOMMENDED
New Definitions Added to Section 150 — Repeal "Home Occupation" Definition
Home Based Business
Any occupation or profession engaged in by an owner/occupant of a dwelling when
carried on totally within a dwelling unit or in an accessory building, and entrance to the
home based business is or can be obtained from within the structure. A home based
business shall not be interpreted to include barber shops, beauty shops, tourist homes,
restaurants, disorderly house as defined by Minnesota 13§609.33 Subdivision 1, or
similar uses.
Home Office
Any gainful occupation or profession engaged in only by an owner and full time occupant
of a dwelling when carried on totally within a dwelling unit and entrance to the home
office is or can be obtained from within the structure. There shall be no business -related
deliveries, no non-resident employees, no business related vehicles, no signage of any
type, no external evidence of a business, no keeping of stock- in -trade and no customer
visits to the site.
DRAFT —March 14, 2006 (Planning Commission Recommended)
Section 1115 — 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 Licensing 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
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:
I. Tax Class Status The property must be classified as Homestead by the
Washington County Assessor,
2. Impact on Adjacent Properties 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 There shall be no employees on site that are not full
time residents of the residence.
7. Business Vehicles A maximum of 3 business vehicles may be on site at any
time. 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 10 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. Storaee Related to the Home Based Business All storage of equipment,
material or stock must take place within a fully enclosed and roofed structure,
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.
HEARING DRAFT
Zoning Ordinance Text Amendments — Home Offices/Home Based Businesses
1. Amend Section 300.07 Subdivision 4A 3 (AG Accessory Uses) to delete sub-
paragraph c."Home Occupations", and add: "c. Home Offices as defined by
Section 150." And "d. Home Based Businesses as defined by Section 150 and as
regulated by Section 1115."
2. Amend Section 300.07, Subdivision 4B2 (RR Accessory Uses) to delete sub-
paragraph b."Home Occupations", and add: "b. Home Offices as defined by
Section 150." And "c. Home Based Businesses as defined by Section 150 and as
regulated by Section 1115."
3. Amend Section 300.07, Subdivision 4C2 (R-1 Accessory Uses) to delete sub-
paragraph d."Home Occupations", and add: "d. Home Offices as defined by
Section 150." And "e. Home Based Businesses as defined by Section 150 and as
regulated by Section 1115."
4. Amend Section 300.07, Subdivision 4D2 (R-2 Accessory Uses) to delete sub-
paragraph d."Home Occupations", and add: "d. Home Offices as defined by
Section 150." And "e. Home Based Businesses as defined by Section 150 and as
regulated by Section 1115."
5. Amend Section 300.07, Subdivision 4E2 (R-3 Accessory Uses) to add: "g. Home
Offices as defined by Section 150." And "h. Home Based Businesses as defined
by Section 150 and as regulated by Section 1115."
6. Amend Section 300.07, Subdivision 4F2 (R-4 Accessory Uses) to add: "c. Home
Offices as defined by Section 150." And "d. Home Based Businesses as defined
by Section 150 and as regulated by Section 1115."
7. Amend Section 300.07, Subdivision 4DG2 (RE Accessory Uses) to delete sub-
paragraph a.iii."Home Occupations", and add: "iii. Home Offices as defined by
Section 150." And "iv. Home Based Businesses as defined by Section 150 and as
regulated by Section 1115."
City of Lake Elmo
Planning Commission Meeting
Minutes of March 13, 2006
Agenda
M/S/P, Fliflet/Ptacek to add Public Hearing: Consider Code Amendment for Drive -up Service
Windows Adjacent to Restaurant in GB Zone as Item 6 and to accept the Agenda as amended.
VOTE: 8:0.
Minutes of February 27, 2006
M/S/P, Fliflet/Roth to table minutes of February 27, 2006 until next meeting. VOTE: 8:0.
Public Hearing: Variance —Septic within house setback
The Planner said the home at 7949 Hill Trail North was constructed in 1976, and there is no record of
improvements to the original septic system. The septic designer concludes there is only one location
for the drainfield. In order for that system to be installed, it has to be fifteen feet from the house.
The Planner looked at whether another location can be found or whether a mound system could be
used. The Planner said the applicant says this location is the only one. While a mound system could
be used in this case, the city does not always like them because they have a tendency to freeze.
Mounds are generally looked at in Lake Elmo as a system of last resort because there have been
problems with them here. Staff recommends approval of the variance as requested.
Commissioner Ptacek said his research says a mound system is much more efficient and lasts much
longer than a conventional system. He had a variance for a mound system and has had no problems.
The Applicant, Mr. Scharrer, said he received a call from city staff to see if the drainfield could be
placed elsewhere on the lot. He said the design submitted did not show the additional constraints of
the deck or gazebo. He distributed a new design.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:15 P.M
Nobody spoke.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:16 P.M.
M/S/P, Van Zandt/Deziel, to recommend approval of the variance from the house setback for a septic
system at 7949 Hill Trail North based on the findings in the Planner's Staff Report - points 1, 2, and
3, and the unknowns for an alternative system,. VOTE: 7:1 Nay: Ptacek-Provide Planning
Commission the negatives of mound systems once and for all.
Public Hearing: Consider Code Amendment —Home Occupations
The Planner said he reduced the three columns to one in his Staff Report. Under number 6 on second
page, it should read, "... there should be NO employees on -site." Seven paragraphs would be added
to the zoning ordinance under the various zoning districts where there are home occupations
currently addressed.
The Mayor provided his recommendation for the ordinance in an e-mail distributed at the meeting by
the Planner.
Chairman Helwig said the definition for Home Office is missing some of the other items included in
Home -based Business.
Lake Elmo Planning Commission Meeting Minutes of March 13, 2006
DRAFT
Commissioner Fliflet said traffic was previously written a little differently with regard to deliveries.
She thought there were a number of customer visits to the site on the original chart. That is why she
recommended removing the traffic reference from number two. She would like to have a limit there.
Commissioner Roth said that under definitions, entrance to the home occupation should say home -
based business.
Commissioner Schneider asked if he has a roadside stand selling tomatoes, does he fall into this
category.
The Planner said there is a provision for it in the AG Zone only. At one time, every zoning district
allowed seasonal sales of harvest.
Chairman Helwig asked if greater acreage means more privileges.
The Planner said greater acreage does because it is farther from neighbors as well.
Commissioners Roth and Deziel said to strike gains.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:32 P.M.
Jeannie Schnell
Ms. Schnell said she saw the article in about Home Occupations in the Pioneer Press. She wrote a
letter to the mayor and she distributed it and read it.
She said she has lived in her house 30 years. She is concerned about so many restrictions, especially
signs in yards. She thinks it is time to loosen restrictions not tighten them.. Thinks some signs should
be allowed. Stock in trade should be allowed. Code Enforcement should not include peeping in
garage windows. With reductions pensions, and in job losses, etc., people need opportunities to
make extra money.
The Planner said there are many people who agree and also many people concerned about their
neighbors.
A Man
He said how will you measure adverse impact on adjacent properties?
The Planner said there are standards for odors, lumens of light, decibels, etc. That clause is also a
concern to the Planner.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:38 P.M.
M/S/P, Fliflet/Roth to quantify the Code to limit the number of customers to a site to no more than 10
customer visits per day and add that clause to Number 8.
Commissioner Ptacek asked if there have ever been complaints about business traffic.
The Planner said there are a handful of complaints every year regarding home businesses but not
specifically complaints about customers.
VOTE: 7:1 Nay—Lyzenga-Micromanaging; leaving it up to a license is sufficient.
Lake Elmo Planning Commission Meeting Minutes of March 13, 2006
DRAFT
M/S/P, Ptacek/Schneider to amend Code definitions adding Section 1115 to licensing and amending
,zoning districts as presented in the Planner's Staff Report.
Commissioner Roth asked about stock in trade.
Commissioner Ptacek said asking for hard specific square footages would be detrimental to the
public health, safety, and welfare and when he asked how much garage square footage for stock in
trade would be the limit, nobody could answer that question.
VOTE: 8:0.
Public Hearing: Consider Code Amendment —
Wedding Events in AG Zoning District
The Planner said the draft Code amendment is generic for all AG properties. The City of Stillwater
said they have a CUP or SUP for musical events. The Planner took Commissioner Armstrong's
factors into consideration and drafted for Municipal Code 300.07, 4.A.2. to add another Conditional
Use to those already there, this one for Outdoor Social Events with nine conditions. He said that is a
more contemporary way to draft an ordinance.
The Planner distributed a letter from Carol Palmquist received on March 1, 2006.
Commissioner Deziel asked about Item 4, limiting to 200 people is unreasonable and should be
higher or relate to available space. Item 6, he asked why limit to six hours as long as events are
conducted within the hours allowed.
Chairman Helwig said why not make it once per week instead of two. He thinks no liquor should be
allowed..
The Planner said that is a separate issue, not a zoning issue.
Commissioner Fliflet asked for clarification about no permanent or new structures allowed. What
about a gazebo?
The Planner said a homeowner could build a gazebo and other buildings, and then create a business
to fit it. Tents are gone when the event is over. The Commission could modify the no permanent or
newly constructed structures provision. Building Permits are not use regulated.
Commissioner Roth said indoors is one thing but as drafted, this is strictly an outdoor use.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:05 P.M.
Nobody spoke.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:06 P.M.
Commissioner Deziel said that 200 people on 10 acres may seem cramped. We might want to limit
to no more than ten people per acre.
M/S/F, Deziel/Roth To limit No. 4 for Outdoor Social Events to ten guests per acre.
Commissioner Ptacek thinks ten acres is adequate for 200 people.
Lake Elmo Planning Commission Meeting Minutes of March 13, 2006
Page 1 of 1
Chuck Dillerud
From; Dean A. Johnston [DandKJohnston@comcast.net]
Sent: Monday, March 13, 2006 10:53 AM
To: Martin Rafferty
Cc: Chuck Dillerud
Subject: Home Based Business
Marty
I believe that the proposed changes to our zoning ordinances on the subject of
Home Based Businesses need to reflect the following changes:
1. Licensing should be annual rather than in perpetuity.
2. Storage of stock in trade must be limited to a specific, reasonable upper
limit like 100 sq. ft. This could be subject to inspection as part of the
licensing requirement. Contrary to flippant comments about a home -
inspection -Gestapo, an inspection requirement is a reasonable
consideration for the ability to conduct a business in a residential area.
3. Customer visits to the site should contain a specific, reasonable upper
limit like 4 per day.
Would you please ensure that the PZ Commission and Council are made aware
of these concerns at or before the hearing.
Thank you.
Dean Johnston
651-777-4444
3/14/2006
March 9, 2006
To: Lake Blmo P ari ing Conmxission
From: Ch�c � 1 rud
Home Businesses
As we advised the Commission on February 27, a Notice of Public Hearing has been
published to consider Zoning Ordinance amendments related to the regulation of home
businesses. Following the Commission's discussion and motions of direction on February
27 (and discussion with the City Attorney) staff has re -structured the regulatory approach
to the subject as follows:
1. Amending Section 150 of the City Code (Definitions) to delete the existing
"Horne Occupation" definition and add definitions for "Home Office" and "Horne
Based Business". This is not a Zoning Ordinance amendment — simply a City
Code amendment.
2. Adding a new Section 1115 to the Licensing chapter of the City Code that
prescribes the procedures and standards for licensing a Home Based Business.
not Home Offices). This is not a Zoning Ordinance amendment - simply a City
Code amendment.
3. Amending 7 paragraphs of the Zoning Ordinance, by substituting "Home Offices"
and "Home Based Businesses" (as regulated by Section 1115) for Home
Occupations" as Accessory Uses in the AG, RR, R-1, R-2 and RE zoning
districts; and Adding those as Accessory Uses to the R-3 and R-4 districts. "Home
Occupations" are not now listed in the R-3 and R-4 districts. This is a Zoning
Ordinance Amendment, and the only official subjects of the Hearing that has been
Noticed.
We believe we have structured the subject in the manner the Commission has
unanimously directed. Yet, with a subject as potentially complex (and even contemporary
and contentious) as regulating home businesses, we concede that the subject may still
need massaging. Once the Hearing has been completed Commission action is requested
to either transmit the entire package of amendments to the City Council (either as written
or with minor modifications). If the Commission desires major modifications, we
recommend that the matter be referred back to the staff with specific drafting direction.
AS APPEARING IN SECTION 150 of the CITY CODE
Home Occupation
Any gainful occupation or profession engaged in by the occupant, only, of a dwelling
when carried on within a dwelling unit or in an accessory building, provided that no other
signs other than those normally utilized in a residential district are present, no stock in
trade is stored on the premises, that no over-the-counter retail sales are involved, and
entrance to the home occupation is or can be obtained from within the structure. Uses
include professional office, hairdressing, or teaching limited to three (3) students at any
time, and similar uses. A home occupation shall not be interpreted to include barber
shops, beauty shops, tourist homes, restaurants, disorderly house as defined by Minnesota
13§609.33 Subdivision 1, or similar uses. No home occupation shall be permitted that
creates the need for more than three (3) parking spaces at any given time in addition to
the parking spaces required by the occupants. Home occupations shall not be carried on
except between the hours of 7a.m. and 10 p.m.
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9D
City Council
March 21, 2006
Agenda Item: Zoning Text Amendment — CUP in the AG Zone for Outdoor Social Events
Background Information for March 21, 2006:
On March 13, 2006 the Planning Commission conducted a Public Hearing regarding a proposal to amend
the Zoning Ordinance to permit the conducting of "Outdoor Social Events" on properties within the AG
zoning district. The consideration of such an amendment was initiated in response to an inquiry by a Lake
Elmo property owner regarding the conducting of wedding ceremonies on a 10 acre parcel (containing a
vineyard) in the Northeast quadrant of the City. Staff concluded that there was no specific authorization
within the Zoning Ordinance for such a use. Staff also recommended making the use somewhat more
generic that "Wedding Ceremonies" and considering the amendment to AG as a Conditional Use with a
listing -of required conditions.
By unanimous vote the Commission recommends amending the Zoning Ordinance to include Outdoor
Social Events as a CUP in the AG zone in a manner reflected by the attached draft ordinance.
Action items:^-7
Motion to adopt Ordinance #97 — amending Section 300 of the
Person s onsible:
C
q0
City Code (Zoning ordinance) to add "Outdoor Social Events" as a
Conditional Use in the AG zoning district.
Attachments: IVI
Time Allocated:
1. Draft Ordinance #97 - Amending Section 300
2. Draft Planning Commission Minutes of March 13, 2006
3. Planning Staff Memo of March 9, 2006
4. Property Owner Communications
CITY OFLAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 97-167
AN ORDINANCE ADDING SECTION 300.07 SUBDIVISION 4.A.2.(h) RELATING
TO CONDITONAL USES IN THE GENERAL BUSINESS ZONING DISTRICT
Section 1. Amendment: Section 300.07, Subdivision 4.A.2(h) of the Lake Elmo
Municipal Code is hereby amended to read as follows:
h. Commercial Outdoor Social Events, subject to the following required conditions:
i. A site tax parcel area not less than a nomina110 acres.
ii. No existing permanent or newly constructed structures may be used.
iii. Events limited to twice weekly during the months of May to October.
iv. Attendance at events shall be limited to 20 persons per site to a maximum
of 500 persons.
V. Compliance with City Code Ambient Noise standards.
vi. All parking shall be off-street, and shall be set back and/or adequately
screened from adjoining properties.
vii. No event shall continue later than 10:00 PM.
viii. On -site portable sanitation adequately sized for the events.
Section 2. Effective Date: This ordinance shall become effective upon its passage and
publication according to law.
ADOPTED by the Lake Elmo City Council this 21"day of 2006.
Dean Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Published in the Lake Elmo Leader
DRAFT
M/S/P, Ptacek/Schneider to amend Code definitions adding Section 1115 to licensing and amending
zoning districts as presented in the Planner's Staff Report.
Commissioner Roth asked about stock in trade.
Commissioner Ptacek said asking for hard specific square footages would be detrimental to the
public health, safety, and welfare and when he asked how much garage square footage for stock in
trade would be the limit, nobody could answer that question.
VOTE: 8:0.
Public Hearing: Consider Code Amendment —
Wedding Events in AG Zoning District
The Planner said the draft Code amendment is generic for all AG properties. The City of Stillwater
said they have a CUP or SUP for musical events. The Planner took Commissioner Armstrong's
factors into consideration and drafted for Municipal Code 300.07, 4.A.2. to add another Conditional
Use to those already there, this one for Outdoor Social Events with nine conditions. He said that is a
more contemporary way to draft an ordinance.
The Planner distributed a letter from Carol Palmquist received on March 1, 2006.
Commissioner Deziel asked about Item 4, limiting to 200 people is unreasonable and should be
higher or relate to available space. Item 6, he asked why limit to six hours as long as events are
conducted within the hours allowed.
Chairman Helwig.said why not make it once per week instead of two. He thinks no liquor should be
allowed.
The Planner said that is a separate issue, not a zoning issue.
Commissioner Fliflet asked for clarification about no permanent or new structures allowed. What
about gazebo?
The Planner said a homeowner could build a gazebo and other buildings, and then create a business
to fit it. Tents are gone when the event is over. The Commission could modify the no permanent or
newly constructed structures provision. Building Permits are not use regulated.
Commissioner Roth said indoors is one thing but as drafted, this is strictly an outdoor use.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:05 P.M.
Nobody spoke.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:06 P.M.
Commissioner Deziel said that 200 people on 10 acres may seem cramped. We might want to limit
to no more than ten people per acre.
M/S/F, Deziel/Roth To limit No. 4 for Outdoor Social Events to ten guests per acre.
Commissioner Ptacek thinks ten acres is adequate for 200 people.
Lake Elmo Planning Commission Meeting Minutes of March 13, 2006
VOTE: 1:7 Failed.
M/S/P, Ptacek/Roth to limit No. 4 in the standards that attendance at events should be no more than
20 persons per acre, limited to a ten acre minimum, with a maximum of 500 persons, including event
staff.
VOTE: 8:0.
Commissioner Fliflet a wedding of 500 will need microphones
M/S/P, Roth/Fliflet to limit sound to comply with the City Noise Ordinance.
The Planner said no sound should be discernible beyond the property line. He read from the noise
ordinance.
Commissioner Van Zandt said if you can't measure it and don't know the decibel level but nobody is
complaining, what difference does it make?
VOTE: 7:1 Ptacek-The intention was for no amplified sound.
M/S/P, Fliflet/Deziel to remove Number 6 because there is no reason to limit the hours. 7:1
Nay —Schneider -Can picture this being a hassle.
M/S/P, Ptacek/Fliflet to move forward with the text amendment subject to Conditions 1-9,
eliminating number six and to include the other amendments already made. VOTE: 8:0.
Public Hearing: Consider Code Amendment —
Drive -up Service Window Adjacent to a Restaurant in the GB Zoning District
The Planner provided three separate text amendments. The first could make it a conditional use
permit, second would be a permitted use, and third would be an accessory use which is not much
different from a permitted use.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:25 P.M.
Ed Gorman
Mr. Gorman said he would like to be clear of the differences between restaurants and cafes. Some of
those differences are: utensils and plates that are washed, table service versus counter service, menus
versus menu board, in fast food there are no tips, in restaurants you tip the server. His requested
outdoor menu board would be a marketing tool with less than 10% of his food items on the board.
He solicited support from 100's of customers, many of them local, and from fellow businesses on
Main Street on a petition. He presented the petition where the signers supported the drive -up service
window with intercom and menu board. There is a health and safety issue with the window ordering
option. Mr. Gorman said that Minnesota food code says that all openings to the outside be closed as
much as possible to keep out insects, etc. Flies are an issue in summer. Without the intercom system
and menu board, he cannot envision doing this completely and safely for his customers. Lake Elmo
Bank has five speakers. The City could add the provisions, for a limited menu board limited to ice
creams and coffees.
Commissioner Deziel asked when does the sit down become secondary to the drive -up window? If
you sell the restaurant, that future owner may have a different idea.
Mr. Gorman said a CUP could make the difference. This window does not make it fast food. He
Lake Elmo Planning Commission Meeting Minutes of March 13, 2006
MEMO
(March 9, 2006 for the Meeting of March 13, 2006)
To: Lake Elmo Planning Commission
From: Chu k d
Subject: Zoning Ordinance Text Amendment — Commercial Outdoor Social Events
As directed by the Commission on February 27, 2006, staff has published an Official
Notice of a Public Hearing to consider amendment to the Zoning Ordinance text to allow
issuance of a Conditional Use Permit in the AG zoning district for commercial outdoor
social events as requested by a Lake Elmo property owner. We have attached a
HEARING DRAFT of how such an amendment could appear — using the content
suggestions of Commissioner Armstrong from the February 27, 2006 Commmission
Minutes (and a couple of additional restrictions).
Please note that this addition to the list of AG Conditional Uses is structured differently
than the other CUP uses on the list with "Required Conditions". This is preferred zoning
practice to provide the Public and applicants advance notice of minimal CUP conditions
that are expected. That does not, however, preclude the staff from recommending and the
Commission and/or City Council from including additional conditions found to be
necessary to preserve the Public health, safety and general welfare — or, denying a CUP
on the basis that those same concerns can not be reasonably assured. An applicant simply
meeting those required conditions does not mean automatic CUP approval, nor if the
CUP is approved, additional conditions.
Following the public Hearing Commission action is requested to either recommend a
disposition (approve or not) of the proposed amendment to the City Council, or; refer the
proposed amendment back to the staff for further work.
TO: Lake Elmo Planning Commission
FROM: Carol Palmquist
DATE: February 27, 2006
RE: Follow-up; vineyard Weddings
At the January 23, 2006 meeting of the Lake Ehno Planning Commission, the following
questions were raised relative to proposed weddings in my vineyard:
1. PARKING: All parking will be contained within my property lines. Specifically, at the south
End of the field.
2. NOISE: We will abide by the Lake Elmo Noise Ordinance. We want to be respectful of our
Neighbors, and plan to cease music by 10:00 PM.
3. STRUCTURES: No permanent structures are to be constructed. Tents will be rented from a
local vendor.
4. HOURS OF OPERATION: Weddings and receptions my occur from 10:OOAM-10:00PM.
S. FREQUENCY: Initially, one wedding and reception per weekend.
6. LIQUOR LICENSE: To be held by Northern Vineyards Winery,
7. SECURITY: To be provided by Northern Vineyards Winery.
8. RESTROOM FACILITIES: To be rented per event.
The original letter of request is attached for your re -review.
We are happy to address any other questions/concerns which ma arise.
CC: Chuck Dillerud
MA" /44f
M
AmylhaUr6',n
January 9, 2006
Dear Nr. Dillerud:
JAN �
Following our meeting of 119106 and as you recommended, I sail requesting an opinion as
to a proposed use of my property. The property is zoned Agriculture and I currently
operate a vineyard, growing grapes for Northern Vineyards Winery, a cooperative winery
in Stillwater.
Northern Vineyards produces and sells wine at its winery premises, and also allows the
premises to be used for special events such as plays, parties, showers, weddings, and
receptions, The winery has had requests from couples planning weddings to hold an
outdoor cereanony and reception in a vineyard, and I have agreed that my property could
be made available for them.
There is a field access directly off of 55t' Street, so parldrng will be provided on my
property. Facilities for the events would be rented portables such as tents, tables and
chairs, and restrooms. Winery staff would be responsible for setting up and clearing
away temporary facilities. Food service, if any, would be catered in, and beverage
service of wine, beer, and non-alcoholic beverages would be provided by Northern
Vineyards, Northern Vineyards will be properly Roomed and insured.
The primary use of my vineyard remains that of growing grapes. Does this occasional
use of the vineyard, as described above, qualify as an accessory use for property zoned as
Agriculture?
Thank you for your attention to this matter.
Sincerely,
Carol Palnnquist
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651.303.4560 - 5r111waier, MN 55D8:
Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9E
City Council
March 21, 2006
Agenda Item: Amend GB Zoning District Text Restaurant Drive-Un Facilities
Background Information for March 21, 2006:
On March 13, 2006 the Planning Commission conducted a Public Hearing to consider an amendment to the
GB zoning district to permit drive -up service windows in restaurants/cafes. This proposed zoning text
amendment was proposed by staff following denial of a building permit to Gorman's restaurant for
construction of such a facility based on lack of specific Zoning Ordinance use authority. The Commission
discussed the amendment at multiple meetings with the primary issue being whether or not such a drive -up
facility should be permitted to include a remote menu board and intercom ordering equipment. The
conclusion of the Commission was that the menu board/intercom features would not be in the public interest
and should be prohibited.
Another concern of the Commission was whether the drive -up feature would open the door for typical fast
food restaurants. The Commission concluded that the very specific definition of "Restaurant" found in
Section 150 of the City Code essentially precludes fast food restaurants. The prohibition of menu
boards/intercoms appears to further limit the probability that a typical fast food restaurant could be
accommodated by the Zoning Ordinance.
The attached draft ordinance adds Drive -up windows for restaurants as an additional Permitted Use in the
GB zoning district subject to the menu board/intercom prohibition — as recommended by the Commission.
Action items:
►W
Motion to adopt Ordinance #97 — amending the text of Section
300 of the City Code (Zoning Ordinance) to add drive -up
windows as a Permitted Use for restaurants in the GB zoning
district.
Attachments: 16s
1. Draft Ordinance #97 — Amending the Zoning Ordinance
Text
2. Draft Planning Commission Minutes of March 13, 2006
3. Approved Planning Commission Minutes of January 23
and February 13, 2006
4. Gorman Documentation
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CITY OFLAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 97-168
AN ORDINANCE AMENDING SECTION 300.07 SUBDIVISION 3.H.l.a. (Table)
ADDING A PERMITTED USE AND STRUCTURE
IN THE GENERAL BUSINESS ZONING DISTRICT
Section 1. Amendment: Section 300.07, Subdivision 3.H.l.a. (Table) of the Lake Elmo
Municipal Code is hereby amended to read as follows:
Cafes and Restaurants
(Limited to full table service operations)
Cafes and Restaurants — Drive -up Window
(Menu boards and intercom systems prohibited)
(Adequate vehicle stacking must be provided)
Section 2. Effective Date: This ordinance shall become effective upon its passage and
publication according to law.
ADOPTED by the Lake Elmo City Council this 21 st day of March, 2006.
Dean Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Published in the Lake Elmo Leader
General Business
Accounting
Advertising
(Sign fabrication not a permitted use
Alterations
Apparel Cleaning pick-up Stations
Apparel Repair and Alterations
Architectural
Art Gallery
Auditing
Bakeries
(with production of bakery goods limited to retail sales)
Barber Services
Beauty Shops
Bookkeeping
Business and Management Consultant Offices
Business Associations
Cafes and Restaurants
Limited to full table service o erations
Cafes and Restaurants —Drive-up Window
{Menu Boards and intercom systems nrohibitedl
Ade uate vehicle stackingmust be rovided
Charitable
Chiropractic
Civic, Social and Fraternal Association Offices
and Halls
Collection and Adjustment Services
Credit Reporting (Consumer and Mercantile)
Dental
Detective and Protective Agencies
Duplication
Educational
Employment Agencies
Engineering
Finance
Galleries
Governmental Offices
Insurance
Investment
Labor Unions
Legal
Libraries
Mailing
Medical
VOTE: 1:7 Failed.
M/S/P, Ptacek/Roth to limit No. 4 in the standards that attendance at events should be no more than
20 persons per acre, limited to a ten acre minimum, with a maxinuun of 500 persons, including event
staff.
VOTE: 8:0.
Commissioner Fliflet a wedding of 500 will need microphones
M/S/P, Roth/Fliflet to limit sound to comply with the City Noise Ordinance.
The Planner said no sound should be discernible beyond the property line. He read from the noise
ordinance.
Commissioner Van Zandt said if you can't measure it and don't know the decibel level but nobody is
complaining, what difference does it make?
VOTE: 7:1 Ptacek-The intention was for no amplified sound.
M/S/P, Fliflet/Deziel to remove Number 6 because there is no reason to limit the hours. 7:1
Nay —Schneider -Can picture this being a hassle.
M/S/P, Ptacek/Fliflet to move forward with the text amendment subject to Conditions 1-9,
eliminating number six and to include the other amendments already made. VOTE: 8:0.
Public Hearing: Consider Code Amendment —
Drive -up Service Window Adjacent to a Restaurant in the GB Zoning District
The Planner provided three separate text amendments. The first could make it a conditional use
permit, second would be a permitted use, and third would be an accessory use which is not much
different from a permitted use.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:25 P.M.
Ed Gorman
Mr. Gorman said he would like to be clear of the differences between restaurants and cafes. Some of
those differences are: utensils and plates that are washed, table service versus counter service, menus
versus menu board, in fast food there are no tips, in restaurants you tip the server. His requested
outdoor menu board would be a marketing tool with less than 10% of his food items on the board.
He solicited support from 100's of customers, many of them local, and from fellow businesses on
Main Street on a petition. He presented the petition where the signers supported the drive -up service
window with intercom and menu board. There is a health and safety issue with the window ordering
option. Mr. Gorman said that Minnesota food code says that all openings to the outside be closed as
much as possible to keep out insects, etc. Flies are an issue in summer. Without the intercom system
and menu board, he cannot envision doing this completely and safely for his customers. Lake Elmo
Bank has five speakers. The City could add the provisions for a limited menu board limited to ice
creams and coffees.
Commissioner Deziel asked when does the sit down become secondary to the drive -up window? If
you sell the restaurant, that future owner may have a different idea.
Mr. Gorman said a CUP could make the difference. This window does not make it fast food. He
Lake Elmo Planning Commission Meeting Minutes of March 13, 2006
will still be classified as a table service restaurant.
Commissioner Ptacek said take out customers are telephoning now. This window is increasing the
convenience ten -fold but the commission does not want to leave an opening for a fast food restaurant
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:35 P.M.
Commissioner Roth asked how to prevent a larger company from coming into town establishing a
temporary table restaurant.
Commissioner Van Zandt said if you read a franchise agreement, you don't change the model or you
don't get the franchise. Those are very controlled elements. He would like a successful drive -
through model in the cities. He cannot think of one that represents our fears.
The Planner read the Code definition of a restaurant with quantitative measures for tables, customers,
square footage, servers, etc.
Chairman Helwig asked about a phone instead of an intercom.
M/S/P, Ptacek/Schneider to move forward with the definition of drive -up window for cafes and
restaurants in the GB zone with adequate stacking of automobiles and an intercom and menu board
prohibited. VOTE: 6:2 Van Zandt and Roth -Feels that maybe there was more that could be done
to make this a possibility.
City Council Update
The Planner said that on March 6, the Council adopted to update the 1990 Park Plan through the
hiring of a consultant in order to expedite the work. The zoning variance for Haire for a large home
on DeMontreville and Olson Lakes, they denied 4:0. The applicant did not get to make a
presentation. They have asked for reconsideration at the next Council meeting.
The Administrator said the Planning Commission is invited to participate for the Old Village Master
Plan being presented tomorrow at the Council Workshop.
Adjourned at 8:52 p.m.
Respectfully submitted,
Kimberly Anez
Recording Secretary
Lake Elmo Planning Commission Meeting Minutes of March 13, 2006
v _Li -u 413) (�-00 APPROVED: 2/27/06
Mr. Moore said he is not opposed to the applicant subdividing the property, but objects to size of
lots on a concept plan he received, and feels the applicant could do a better job on the layout
without impacting wetlands and the drainage ditch. He said there is an eroded ditch leading into
a culvert that goes under County Road 6, and a holding pond should be placed there for sediment
control where the water goes under Stillwater Boulevard, and trees should be preserved. They
are old trees. Some have wind damage but there is not much oak wilt in that area. He walked
the site last week. The layout could be improved for aesthetics and erosion control due to runoff
of the water. That water drains into Lake Elmo Park Reserve. His lot is just south of Raleigh
Creek and this parcel.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:24 P.M.
Commissioner Armstrong said that SRD Guiding in the Comprehensive Plan was basically used
for existing neighborhoods back in the 1980's with the attitude that they are great neighborhoods
but we cannot duplicate them due to septic systems and other problems. The City developed a
method for devising SRD Guidings based on five criteria that had to be met before parcels could
be rezoned. Perhaps this parcel could go to RED but SRD is absolutely inappropriate for this
site.
Commissioner Deziel said the water pollution does seem to be a change in condition. He asked
the Planner's opinion.
The Planner said the water will be taken care of in less than one year and does not constitute a
change in conditions that would support a Comp Plan amendment. He also noted that a variance
for minimum plat are would be required to go to RE Zoning.
M/S/P, Ptacek/Armstrong to recommend denial of the.application to amend the Comprehensive
Plan and rezone this parcel 8740 Stillwater Boulevard to SRD and R-1 based on the findings
suggested by City Staff.
Commissioner Deziel said he does not see an error to the Comprehensive Plan. RED guiding
might get some sympathy with the Plarming Commission. The density of R-1 doesn't comply
with neighboring densities.
PASSED: 9:0.
The Chairman recessed the meeting at 8:31 p.m. and reconvened at 8:39 p.m.
Amend Uses in GB Zone to Allow a Drive -up Window
The Planner said he wants to be sure the Commission approves what text changes have been
made for permitted and conditional use. He will publish immediately following this meeting
when a final draft of the Code is determined.
Commissioner Armstrong said his concern is that a drive -up window should be tied into an
existing sit down restaurant so a coffee shack would not be allowed in the future. "Attached only
to a sit down restaurant."
In that case the Planner said he would define restaurants differently.
Commissioner Pelletier asked if someone can do a carside to go or a walk-up window without it
I
������uq.�nal ) �° �
0(0 L1PPftOWED: 2/27106
being added to the Code. /
The Planner said a walk-up window would probably be okay.
Commissioner Deziel said limited full table service operation is already in there. The Planner
would add it to the definition of restaurants in another part of the Code.
Commissioner Van Zandt said he lived five blocks off Grand Avenue for 22 years. There was an
empty lot there. The City would not allow a restaurant applicant to go in there and instead
allowed a drug store there that resulted in putting a smaller drug store out of business. If we
don't allow some businesses here to thrive and remain competitive, we will lose our significant
businesses. We should look for compromises.
Commissioner Armstrong said we are helping our businesses by disallowing menu boards and
intercoms. We want to exclude fast food while allowing a business like Gorman's to continue.
We always have to look at the big picture. If there are other ways to distinguish fast food, he
would like to here about them.
M/S/P, Ptacek/Schneider direct staff to publish a revised definition of restaurants in order to
allow drive -up service adjacent to full service table restaurant as a conditional use in the General
Business Zone as the Planner drafted.
Commissioner Ptacek said the CUP gives us opportunity to review space for traffic stacking.
Commissioner Fliflet said she does not see the need for allowing menu board and intercom when
other restaurants are doing great carside to go business. She sees no need to change the Code to
allow it.. She also agrees with Commissioners Armstrong and Ptacek as to protecting our
existing restaurants.
Commissioner Park said she sees how a drive -up window could work. She often gets carside to
go.
Ed Gorman
Mr. Gorman said he has owned Gorman's Restaurant for 26 years. He does not sell liquor. He
has enough room to stack traffic. The proposed addition is only 200 square feet and 100 square
feet of it is for adding more ice cream flavors. There are only three restaurants in the GB zone in
Lake Eli -no. He has been doing this work for forty years and the industry is changing. The
window without the intercom is less convenient for customers.
Commissioner Deziel asked how we exclude fast food if we approve what Mr. Gorman requests.
Mr. Gorman said the Health Department classifies his business as Table Business. Traffic flow
would be fine on his site, and it would be a natural fit.
Commissioner Ptacek pointed out that it takes no longer if someone talks at the window or uses
an intercom. Commissioner Fliflet said people walked up to the window at the old Dairy
Queens.
PASSED: 7:2 Nay — Fliflet and Pelletier -Because the restaurant owner we talked to had inferred
his disinterest in anything other than a message board and intercom. We voted against those so
�y' ucAs 1 UCJ APPROVE®: 2127/06
'she sees no need to add verbiage relating to a drive up window since there is no need and no
applicant.
Home Occupations
The Planner explained the history of the review of Home Occupations. He asked the
Commission to review a handout while he rewords some of the table with the City Attorney to
eliminate subjective phrasing such as "adequate parking on -site" and "adverse effect on adjacent
properties."
City Council Update
The planner reported that as of one week ago, Metropolitan Council considers our
Comprehensive Plan to be "complete". The Met Council now has sixty days to complete its
detailed review of the City's Plan..
Commissioner Schneider asked when the nine months begins regarding an amended zoning
ordinance and map to match the Plan.
The Planner said the nine months will begin as soon as the Met Council Board has concurred in
the City's Comp Plan. That could still be a couple months out. He suggested that the
Commission will soon have to pick up the Zoning Code and have a performance -based and
form -based zoning refresher. It would be expensive to bring the zoning ordinance consultant
Lane Kendig back again. Staff will look to see if we have tapes of the previous workshops with
Kendig.
Commissioner Armstrong noted that congratulations were in order to Commissioner Fliflet for
helping us meet our population goals!
The meeting adjourned at 9:12 p.m.
Respectfully submitted, �� 9
Kunberly Schaffel
Recording Secretary
A n fi Y Lj �r� tJl� r4PPROV'ED, 2/13/06
probably fit in with the natural setting in the AG Zone but we have to address these other factors.
We have CUP s in the AG zone such as greenhouses, kennels, and stables. We would want
conditions established in advance for wedding receptions so everyone knows what to expect.
M/S/P, Armstrong/Ptacek to direct staff to come back with a draft ordinance in the next few
weeks.
The Planner said he will investigate how this use is regulated in Stillwater. He agreed with
Commissioner Armstrong about it needing to be a Conditional Use.
VOTE: 9:0.
Drive-up/Drive-through Facilities for Table Service Restaurants in the GB Zone
The Planner introduced the request for a minor site plan modification for a drive -up window at
Gorman's Restaurant. The City Code says restaurants with table service are all that are
permitted in the GB Zone. Council agreed that clause was designed to preclude fast food
restaurants in the City. The Council sustained the administrative decision to deny Mr. Gorman's
request but directed that the Planning Commission review the Code to determine if it could be
modified to allow a drive -up window without violating the original ordinance intent. The
Planner believes it can. Oakdale's ordinance distinguishes fast food from classic restaurants.
Order boards differentiate them partly because of lights and attendant noise.
Commissioner Van Zandt said Applebee's and Chili's car side to go is a successful model
because you would not want to order food and then wait for it. The order must be placed in
advance. He said this presents convenience for young parents and elderly people. He thinks
there is a need for it in the City as long as it is controlled.
The Planner said Oak Park Heights addresses bank drive -up facilities very well. They must have
room for stacking of automobiles on -site. There is room at Gorman's but there would not be
room at the Lake Elmo Inn or Twin Points.
Mr. Gorman said he wants a limited menu board of coffees and ice cream cones. He would face
it to the south with a 70 db squawk box. Commissioner Armstrong said that makes it more
difficult for the Planning Commission to accommodate the request.
Commissioner Armstrong said an intercom and menu board would prohibit it. Commissioner
Pelletier is against any kind of intercom, menu board, or drive -up window. She suggested car
side to go. Chairman Helwig agreed. Commissioner Lyzenga asked about a walk-up window
instead.
A Straw Poll was conducted to see which commissioners would be in favor of a menu
board/intercom system. 0: menu board/intercom system. Another Straw Poll was conducted for
car side to go versus a drive -up window. 5: drive up window without menu or intercom. 9: car
side to go. A Straw Poll was taken to determine if the Planning Commission would like to take
up this matter. All 9 commissioners agreed.
M/S/P, Ptacek/Deziel to direct staff to draft an ordinance allowing window service without a
menu board and without an intercom system allowing this type of use of a restaurant in the GB
Zone. VOTE: 7:2 Nay - Lyzenga/Pelletier, Lyzenga expressed concern about getting cars to the
window in an orderly fashion. Pelletier is worried about a negative precedent. PASSED.
Lake Elmo Planning commission Meeting Minutes of January 23, 2006 3
�-)Nu P, t-, H rJ- 3�) la o Ca (,
APPROVED: 1.
The Planner said the City Council wants to see this back in February so he will try to draft
something to bring back soon.
Proposed Joint Community Playfield with Oakdale
The Planner said the City Council has requested a recommendation for a joint playfield with
Oakdale in Lake Elmo at northeast corner of Ideal and Stillwater Boulevard.
The Administrator explained the history of the donation request from 3M for a park for the City
of Oakdale. 3M offered them land in Lake Elmo. After discussions and meetings, it has matured
to a possibility of joint ownership of the land and in terms of capitalization, maintenance, and
government and field scheduling. Staff held out for joint governance and joint input on design.
Eventually our population will be close to theirs but meanwhile we are only 30% of their size.
So there might have to be consideration of proportionate terms in the meantime until we grow.
The City Council asked if this is something we want to attempt, and do we want to take the next
step to create a development agreement. The Parks Commission unanimously recormnended
doing that.
The Planner explained the City's need for ballfields today and into the future. He said the Park
Plan is 15 years old. Oakdale is about where we will be at 2030 for population, They have a
significant community playfield but it is not enough for their needs. An Old Village community
playfield would still be needed in the future. He said it makes sense from a Planning standpoint.
Commissioner Deziel asked about new zoning with RAD2 on the parcel north of Highway 5. He
said it would be the nearest Lake Elmo development to this. Commissioner Ptacek agreed with
Commissioner Deziel and the Planner, He also said there are not enough dates and times and
fields available in Lake Elmo and Oakdale.
Commissioner Armstrong would want this park for ages 18 and under and daylight facilities
only, no lights on this field. He said it is probably better to create a park here near the railroad
without displacing homes and REC units, and it would be a good partnership with Oakdale for
the future.
The Planner clarified the proposal is for youth only.
Chairman Helwig used to be on the Parks Commission in Oakdale and he said the Oakdale
Athletic Association and the Parks Commission there are two distinct entities. The Athletic
Association does all the scheduling and they will get lights if they want them.
Commissioner Schneider said the City is sacrificing 26 acres for no houses and no taxes. We
should get more than 50% use of this park.
The Administrator said the Cities are insured by the League of MN Cities so liability is not a
problem.
M/SIP, Ptacek/Deziel to recommend taking the next step to continue the discussions. VOTE:
9:0.
Lake Elmo Planning commission Meeting Minutes of January 23, 2006 4
DECRECFfVED
3
Gormans Restaurant
11011 Stillwater Blvd.
Lake Elmo Mn. 55042
December 30, 2005
Mr. Charles Dillerud
City of Lake Elmo
This letter was hand delivered to the city of Lake Elmo office on Friday December 30, 2005
Dear Charles,
I have received your response dated December 27, 2005 and I respectfully disagree with your
conclusion. Adding a drive up window to our existing restaurant will not make ours a fast food
restaurant. 'You will note in the letter that I gave you from the washington county health
department; that they, along with their approval of our plans for the addition of a drive up area,
the classification of our restaurant will not change. Our "Food Establishment" classification is for
restaurants whose main mode of operation is table service. These establishments may provide
drive up or take out service, but this is not their main mode of operation. The "Fast Food"
definition is "a food establishment in which the patron orders and receives the food at a counter or
provides its food via delivery or take out only." Surely all of the existing Lake Elmo resraurants
including Gormans are violating the zoning ordinance just by preparing our meals for take out. I
have also delivered our meals to various locations possibly another violation. Please do not
misunderstand ---- I don't want any fast food restaurants to locate in Lake Elmo either. Adding
the approximate 230 square feet addition to our existing restaurant to accommodate a portion of
my existing business, will not make me a fast food restaurant. Gormans would become a
convenient full service restaurant with accessible take out food pick up ability. It seems to me
that the city could create a "GB-FF" zone that only fast foods could locate in, Currently no land
is zoned that way making it clear that those businesses could not locate in the city of Lake Elmo.
As far as the city setting a precedent I rather doubt that the other four restaurants in Lake Elmo
would be adding a drive up window to their facilities. If so on a case by case basis the city could
look at the possibility. Some would probably have to eliminate a portion of their existing parking
spaces and in doing so they would possibly not meet the cities parking requirements. We are not
going to loose any parking spots. Just because our restaurant would have a drive up doesn't
mean a fast food could "buy me out" and operate there. Gormans has a GB zone and they would
need a GB-FF zone. Good luck to them in re -zoning the parcel. In Lake Elmo there are currently
two full service banks operating with drive up available. To me they are still full service banks.
According to the Lake EImo Municipal Code sect. 200.01, subdivision 11� have the opportunity to
appear before the board of adjustment to be heard. Please inform me of the earliest opportunity
for this to happen. The relief that I am requesting is that the board would allow us to proceed
hvith our proposed expansion to accommodate our customers
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December 27, 2005
Ed Gorman
Gorman's Restaurant
11011 Stillwater Blvd.
Lake Elmo, MN 55042
Dear Ed:
RE: Restaurant Drive -Up
By Certified Return Receipt Mail
Building Official Jim McNamara has requested my determination regarding whether the
addition of a drive -up facility at your establishment would be in compliance with Lake Elmo
Zoning Ordinance standards. My findings in this regard are as follows:
1. Your restaurant at 11.011 Stillwater Blvd. is located in the General Business (GB) Zoning
District,
2. "Cafes and Restaurants" is a Permitted Use in the GB District, but specifically limited by
the Zoning Ordinance to "...full table service operations".
It is my determination that the "full table service" clause in the Zoning Ordinance is
specifically intended to prohibit drive -up facilities at cafes and restaurants. Mr. McNamara can
not issue a permit for the drive -up facility modifications, and I have directed him to return any
plans for such a facility that you have submitted to the City.
Section 200.01, Subdivision 11 of the Lake Elmo City Code provides an appeal
procedure from any determination made by an administrative officer of the City. The City
Council hears the appeal as the Board of adjustments and Appeals. I have enclosed a copy of the
City Code Appeal section to which I refer. Please note that you must advise of the City in writing
of your appeal within 5 days of this administrative determination notice.
Sincerely yours,
City of Lake Elmo
Charles E. Dillemd
City Planner
CC: Martin Rafferty, City Administrator
Jim McNamara, Building Official
rage i of 1
Sharon Lumby
Subject: FW: Gorman's Appeal
From: Sharon Lumby
Sent: Monday, January 09, 2006 10:18 AM
To: Chuck Dillerud
Subject: Gorman's Appeal
John Schiltz, LE Inn, called to say he has no problem with Gorman's Restaurant adding on a drive thru to his
restaurant. He said he looks at it as making it more convenient for his customers and does not consider
Gorman's Restaurant as a "Fast Food" business. This drive thru would not change the rural character of the
neighborhood. John pointed out other businesses ... Applebee's, Famous Daves, etc. all have take out areas.
Sharon
1/9/2006
Lake Elmo Mumicipwi Code
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Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9F
City Council
March 21, 2006
Item: Village Area Master Planner Recommendations — Next
Background Information for March 21, 2006:
The Council and Planning Commission were presented the recommendations of the Village Area design
team/master planners at a Workshop March 14, 2006 — which was televised and well attended by the Public.
We are now placing the draft plan — as presented — on the formal City Council agenda to solicit the Council
direction as to the "next step".
Should the Council find the master plan presented March 14 to be conceptually in the best interests of the
City and the development of the Village Area staff recommends directing the plan to be again presented at a
Public Forum in early April. We would suggest that forum be conducted at a larger facility than City Hall
(such as the Lake Elmo Elementary School) and focus on public commentary regarding the plan. We
believe that such a complete Public "airing' of the plan prior to addressing micro details and
implementation strategy is the most efficient approach.
Depending on the Council's reaction to the plan following the Public Forum outcomes, more work and/or
modifications could result and/or the plan could be scheduled for Public Hearing before the Planning
Commission as a formal Comprehensive Plan amendment for the geographic area covered by the plan.
Person onsible•
Action items:
ty
Motion(s) providing direction to staff and the Village Area Master
Planner regarding disposition of the planners' recommended
Village Area Master Plan.
Attachments: I Time Allocated:
Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9G
City Council
March 21, 2006
Ordinance
Background Information for March 21, 2006:
Since it now appears that the City will officially have a new 2030 Comprehensive Plan by the end of April,
we must (by State Statute) also have a corresponding zoning map within 9 months - February, 2007. Since
the new Comprehensive Plan Land Use Map dictates several new totally new zoning districts, amendments
will be not only required to the zoning map, but to the zoning text as well.
In addition to the foregoing required zoning ordinance amendments, the City has for several years labored
with enforcement of a 1980 zoning ordinance that is severely outdated (both in content and form) and that
has been so amended/modified over 26 years that it contains numerous internal conflicts and
inconsistencies. Even if the City were not embarking upon implementation of a new comprehensive plan the
time is long past to address the zoning ordinance text.
The Planning Commission began addressing the zoning ordinance re -write in 2004 utilizing consulting
services funded (mostly) by a CDBG grant. The Commission initially looked at 3 possible options:
1. Re-write/clean-up of the present zoning ordinance text.
2. Drafting of a totally new (and contemporary) conventional zoning ordinance (also know as
Euclidian Zoning — not referring to geometry but rather the city of Euclid).
3. Drafting a totally new zoning ordinance using the cutting -edge Performance Zoning format
developed by Lane Kendig, and utilized by several cities throughout the Country.
Early in the Commission's discussion it became apparent that there was agreement with staff that trying to
resurrect the current zoning ordinance text would prove futile. That ordinance originally was based on a
1960's vintage "suburban" model ordinance and was over time massaged to (somewhat) fit the Lake Elmo
(not typical suburban) situation. The current ordinance is also filled with modifications adopted at some
point to suit a particular situation or property owner — never proper zoning practice.
Zoning Ordinance — Continued on PaLye 2
Action items:
Motion(s) providing direction to staff/Planning Commission
regarding strategy/format of the new zoning ordinance.
Attachments: I Time Allocated:
(Zoning Ordinance — Continued from Page 1)
With the determination made that there would be a "from scratch" new zoning ordinance
staff suggested that the Commission look at Performance Zoning as a possible alternative
to Euclidian zoning. The basic precept of Performance Zoning is that (within broad
limits) proper detailed design of sites or uses can render uses thought to be
"incompatible" (such as apartments next to single family homes) good neighbors.
Performance Zoning goes more to regulation of the physical outcomes of a use or
structure than a laundry list of uses/structures deemed in advance to be compatible or
incompatible. There are far fewer actual zoning districts but far more complex
performance standards for any use or structure.
Lane Kendig was invited to show the Commission just what Performance Zoning was all
about and the character of the land development outcomes that can result from
Performance Zoning. The Commission was impressed with the concept, and Kendig
proceeded to prepare a draft Performance Zoning Code somewhat customized to respond
to Lake Elmo —specific desires communicated by staff and the Commission. The
Commission then invested portions of the several meetings reviewing the draft and
directing many edits.
With the completion of the MOU with the Met Council early in 2005, the Commission
turned its attention to the substantial Comp Plan modifications required to be completed
in a very short time frame, and had no time available for further work on the zoning
ordinance re -write. Completion of that work is on the Planning Commission 2006 Work
Plan.
Mayor Johnston has requested this update. He has also expressed concern with the
potential complexity of Performance Zoning; and, he desires Council discussion and
direction to the staff/Commission as to whether the 2006 zoning ordinance work that
needs to get under way soon should continue to focus on Performance Zoning or move to
another regulatory alternative.
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-030
WHEREAS, the City of Lake Elmo and Chris Riley Utilities, Inc. (the
"Contractor"), entered into an agreement on or about , 2005, regarding the
construction of certain items related to the City's Water System Interconnect Project,
Phase I; and
WHEREAS, the City and Chris Riley Utilities, Inc., entered into an agreement on
or about , 2005, regarding the construction of certain items related to
the City's Water System Interconnect Project, Phase III; both agreements being referred
to herein as the "Contracts"; and
WHEREAS, in November 2005, the City agreed to extend the completion date for
Phase III; and
WHEREAS, the City Staff sent the Contractor a Notice of Termination of the
Contracts on March 15, 2006, a copy of which was also sent to Travelers Casualty and
Surety Company (the "Surety"), which was listed as the surety under the performance
bond given with respect to both Phase I and Phase III; and
WHEREAS, the City Staff has had some contact with the Surety which has
acknowledged the receipt of the claim on the performance bonds; and
WHEREAS, the City Council has received a report from the City Staff
concerning the matters stated above.
NOW, THEREFORE, BE IT RESOLVED,
1. The City Council hereby confirms and ratifies the action taken by the City Staff as
set forth in the City Engineer's letters dated March 15, 2006, which letters
initiated the termination of the Contracts as referred to above.
2. The City Council hereby authorizes and directs the City Staff to initiate or
continue action with respect to the City's claim on the performance bonds.
3. If the Surety determines that it will not complete the performance on the
Contracts, the City Council hereby authorizes and directs the City Staff, if
necessary, to take whatever steps are required to advertise for bids pursuant to
Minn. Stat. §429, or otherwise, to undertake and finish the work necessary to
complete Phase I and Phase III of the City's Water System Interconnect Project.
CADocumants and Settings\mmfferty\Local Settingffemporary Internet Files\OLKD\resvl - 2006.doc
ADOPTED by the Lake Elmo City Council this 21" day of March, 2006.
ATTEST:
Martin J. Rafferty, City Administrator
Dean Johnson, Mayor
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