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Home My WebLink AboutMarch 6, 2006 CCP.avor: Dean Johnston Council members: Lake Elmo City Council Rita Conlin Steve Liz 3800 Laverne Avenue No. ***Monday, Lake Elmo Johnsonhnson, Anne Smith MN 55042 March 6, 2006 777-5510 777-9615 (fax) (Date has been changed due to Precinct Caucus scheduled for March 7) Please read: Since the City Council does not have time to discuss eve ry Point presented, it may decisions are preconceived. However, staff provides background information appear that Council on each agenda item to the City in advance; and decisions are based on this information experience. In addition, some items may have been discussed and at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request Appear Before the City Council to form; or, if you came late, raise your hand to be recog Comments that are pertinent are appreciated. Items may be continued additional time is to a future meeting needed before a decision can be made. Ling i if f. b Agenda City Council Meeting Convenes 7:00 PM rledge of Allegiance I. Agenda 2. Minutes: 3. PUBLIC INOUIRIES/INFORMATTniv� r . �+1L. A. PUBLIC INFORMATIONAL: B. Public Inquiries 4. CONSENT AGENDA A. Resolution No. 2006-023:Approving Claims B. Lease Agreement: Washington County Fairgrounds — Clean Up Day 5. FEE. 6. NEW BUSINESS. 7. MAINTENANCE/PAR IRE/gUILDWG: A. Parks Dept.: Landscaping at Lake Elmo Arts Center B. Update on Fire Dept. Activities: Chief Malmquist December 6, 2005, January 17, January _4, January 27, February 7, February --1, 2006 Public Inquiries/Informational is an opportunity, for citizens to bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary Of the specific it being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. 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 format. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 8. CITY ENGINEER'S REPORT: A. Tom Prew Lake Elmo City Council Agenda March 6, 2006 Pa e 2 9. PLANNING, LAND USE & ZONING: C. Dillerud A. 1990 Park Plan Update B. Zoning Variances —Haire (8160 Hill Trail); Resolution No. 2006-024 C. Ordinance No. 97-166 Relating to Private Wells/Resolution No. 2006-025 Declaring Potential Hazard 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: M.Rafferty A. Workshop on March 14"'-Presentation of Old Village Plan 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith Employee and Volunteer Recognition Banquet, BOARD OF REVIEW:May 3,4-6 p.m. Friday, March 10 6 p.m., Tartan Park Council Workshop:March 14, 6 p.m. CLEAN UP DAY:June 3, 2006 DRA LAKE ELMO CITY COUN®L MINUTESOF MINUTES 3-6-06 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 LimitsAn Liability Insurance C. 2006 Liquor Licenses D. Resolution No. 2005-129:Partial Paymentt Towe Avenue r Asphalt for Hilltop E. Workers' Compensation for Elected�9 lcials :Resolution No. 2005-140 5. FINANCE: A. Tax Levy Adoption:Resolution No. 00 31 B. General Fund Budget:Resolritio r No 2005 :132 6. NEW BUSINESS: a A. Out -of --State Travel Policy for City ouricil: Resolution No. 2005-133 7. MAINTENANCE/PARK IFIREBUILI)ING: A. Fire DeparLrnentlPromote MutualAid Agreement; Resolution No. 2005- 134 opt* B. (1) Building I epa en: Updd on Building Activities (Cou tl� tscusn of Side Yard Retaining wall — verbal (3) Rattonslriof Gsroarage to Home Size —Verbal 8. CITY ENGINEER'S `lPORT A. ReMution No 2"65-135:Accept Feasibility Report for Phase IV Wate Systerii Interconnect Project and Order Public Hearing r B. Agreement'foTbverhead Street lighting on I Oa' 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 No. 2005-136 Plan and Site Plan — United Properties:Resolution 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 g tax adoption; Nov 1"meeting minutes City Attorney on closed session. M/S/P Johnson/DeLapp - to approve the December 6, amended. (Motion passed 5-0). 2. MIN__ UTESLNovember 15, 2005 M/S/P Johnson/Smith - to approve the amended. (Motion passed 4-0-1: Abct M/S/P Johnson/Johnston - (Motion passed 5-0) Amendments to Novemhe 3. 10B. Update by agenda, as Council Minutes, as ,'I City Council Minutes. meeting will be in bold print. Susan Dunn asked if the #,e�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 fora detailed set of minutes of the November 19`1' hearing where Council members Johnston and Smith, Administrator Rafferty and Planner discuss l 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 family describing their father, Bill Lundquist, as a man who always wanted be involved in his community. Bill Lundquist su and touted their skill and needs to everyone and made a $20,000 donation to he relief to pported the Lake Elmo Fire Department association. M/S/P DeLapp/Conlin — to install a plaque of thanks on the wall of he Lake Elmo Fire Station in recognition of Lundquist donation to the Firemen Relief community over the years. (Motion passed 5-0.) Association and the (2) John Elholm — Lake Elmo Park Res e Master Plan County Parks Director Jim Luger and La Master Plan draft that contained additions of a natur riY Walker, rein ved the ter ] n Park protcetiOn/restoration, interpretation, camping, cultural resouice. (cross country ski trails p g, pre?"fiking,er based facilities, trails (winter recreation) ) (mountain bike) (paved trat� ,rttt tlellaneous facilities (archery) John Elhohn, base on Pub Washington County Senior Pa s Planner stated that most of the plan was based on public comments. Suggestions wer�aprdved or• rejected based on how well the proposed item fit into he area and:the park,pirrpose Mike DeNoma, who lives on but had concerns on who payhhb,cosy of th soon iinId he ip owed road. supported what they have done �� . The City Planner iyunded tls is a critical part of the systems plan which focuses on the Old Village thatnever had This will be a City project. Mr. Luger said the Cbirlty officials are expecting to have a final draft available in early January with a public he, entatively slated for February or March. The County board wi11 vote on the plan after the public hearing, and if a the Metropolitan Council for review. The reserve is a regional park and as such, the council works with the county to develop approved, it would be sent to Priorities. p policies that fit into the overall system and its 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 , what are the current canopy and the propo- if there is a provision for ultimate buyout sed canopy. Mr. DeLapp said he received a letter from Bob Schumacher, Chair of the Lake Elmo Parks Commission, asking where LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 these trails came from. Mr. Luger said he would take all the questions and add to the draft which will be made public. 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 283,09 through 28350, in the total amount of $448,493.35. (Motion passed 5-0). 11 The Finance Director reported the City obtains liar Minnesota Cities Insurance Trust for buildings and tort liability. Because of this coverage, thekbity,mi monetary limits on municipal tort liability as estalA He noted that the City has that the City adopt a resole municipal tort liability. M/S/P Johnson of Lake Elmo I (Motion passed C. the age through the League of The coverage also covers whether or not to waive the lnnesota Statutes 466.04. ort liability and staff recommended does not waive the monetary limits on No. 2005-130, A Resolution Stating the City Limits on Municipal Tort Liability. 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 (Motion passed 5-0). County Sheriff s Department. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 4 Avenue The City Engineer reported that Tower Asphalt has completed the 2005 Street Repairs - Hilltop Avenue. The only work remaining is to malce 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. The Finance Director reported Minnesota Statute 176.00isubd.9,5 Provides that "municipal officers elected or a � ( ) m Of Off employees for workers' compensation purposes on `f the City has passed anlordinancee or resolution to that effect. This would provide cover foi elected officials injured while performing his or her duties. The Finance Director provided two resolutions for Adoption of the Final 2006 Budget and Levy. He reported the 2066' proposed tax rate remains the same as 2005 and reflects an 11.74% increase in the );evy 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 Bud et: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. (7ut_nf .Ct�ro State Statutes 471.661 states that by January 1, �the governing lbody must on No. develop eve op 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 (Motion passed 5-0). City Council) Out -of -State Travel Policy. 7. MATNTVXTAX,.,,,,... A. Fire De artment:Promote Mutual Aic At 134 Fire tChief could pro" meeting, the vide the MarciC10ity Council , 005 memeo initial implementation. The Council received a copy M/S/P Johnson/Smith - to adopt ResolutioriTo, 200 Use of Intrastate Mutual -Aid Agreements. (lt;nnrri 19 t;>on this iteh so that the fists the nine steps needed for memo. Promoting the B. (1) BuildingD kiirtmerll J Tpdatbn Building Activities The Building Official repor and no new commercted,I1 rwere tw6 new residential building permits issued rtsf 4 �d�n rm1 s for the month of November. 4 ,Jiscpssion'6f Side Yard Retaining Wall — See City Attorneys kPort ?v (3) Re%onship:pf Garage to Home Size —See City Attorneys Report r 8. CITV FNrrnrnn A. Resolution No. 2005-135 Acce it Feasibilit Re ort for Phase IV Water S stem Intercomiect Pro'ect and Order Public Hearin The City Engineer provided and summarized a Water Systems Interconnection Phase IV Feasibility Report. He said the City has undertalcen a project to build an elevated storage tank at the new Public Works site near the hntersection 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 benefit and will have the ability to connect to this water main, receive a 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 Lighting on I oth 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 Vipulation 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 tohffid ouitheir reasoning and purpose behind this request. A,,,�, M/S/P Johnson/Conlin — to direct the City Ei'3iriser to contact Washington Comity as to basis for determining the need for the oveilread s#reet.lighting request on l0a' Street and Keats Avenue and bring back theteasoni Jkl the Council. (Motion passed 5-0 a C. Revised Authion for 1rofessional Services: Civil Defense Sirens - Verbal The City Engineer rep'A Iortedhthe Ctyill provide civil defense coverage to that portion of the City not presently. overed, in accordance with the Fire Protection Need Study done by DSU Reseaic :dated March 2005. Compensation for the services shall be an estimated amount of�14,626. M/S/P Johnson/Johnston , to 6prove 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: 2005-136 The City Planner reported the Planning Commission recommended approval of the Final Plat, Final PUT) Plan and Site Plan submitted by United Properties to crate a 3.7 acre lot as Eagle Point Business Park 5c' 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 The Planner explained the applicants graphics and documentation found the p the applicant has roposal compliant with applicable City Code and PUD Plan requirements and 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, roving the A Resolution App Final Plat of Eagle Point Business Park 5`h Addition and a Final PUD Plan and Site Phan for a 30,000 square foot office building on Lot 1, Block 1, Eagle Point Business Park 5a' Addition. (Motion passed 5-0). vemcllts The City Planner reported the Planning Con mission conduct de the required Pion No ublic Hearing on November 28, 2005 and recommended approval of the 2006-2010 Capital Improvements Program as presented by City Staff. o its review and recommendations regardiThe Park C mmission had completedng the CIP at it November 21 meeting, and those Commission. recommendations were incorporated into the draft CIP pretted;f5t]te planning Tom McCormick, 12276 Marquess Way N., questit amount allotted for the Carriage Station Park, whirl, approximately 300 children compared to the money only 27 homes. Council member DeLapp said he would Station Park. This agenda item will be meeting. rks CIP, specifically the rvice 110 homes and for Heights Park servicing designated to Carriage The city Plannea�rkporteail r thi' . l5102 evelopnient Company has provided a Final Plat and Final proved a ,late for t1u ;.55/62 lot OP development on 175 acres for which the Council approved a Phglimmary Plat and OP development Stage Plan/CUP on October 4, developer er said staff rev —,'thI Final Plat and construction plans and finds that the developer has complied witli and/or incorporated these specific project design conditions Of the Preliminary Plat approval resolution. l not He noted that outlots G tliroixgh M wil 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, amendment is adopted by the City, the owner of the seven Once the code outlots will need to have 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, (Motion passed 5-0). A Resolution Approving Final Plat, Final OP Plan and Development Agreement of "Sanctuary of Lake Ehno'the LAKE ELMO CITY COUNCIL MINUTES DEC -EMBER 6, 2005 D. CDBG A lication• Resolution No, 2005-139 The City Planner reported Washington County is soliciting 20006 CDBG applications fiom communities. To date the City has received CDBG contract obligations totaling $120,000 for the Cimarron Gas Service Replacement Program. He underway, with eligibility interview complete for the initial block said id that ro homesr 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 work, it appears that the $120outcome of the re -solicitation of bids for the work on well under 1,000 now under contract will be sufficient to complete the 00 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 that results from the additional inspections. A suggested $g0 6up and the group 2006 CDBG program.rs applied for from the M/S/P Johnston/Johnson - to adopt Resolution No. the City's 2006 CDBG application. (Motion nac.ve Member�on verbal With the variety of meetings we many times they talk about situt or not done, and sometimes c Performance rather than genes 'T employees are entitled to a.perfoi over the line, the riLhts B. Undat on Close Attorney Filla repo tf, pn the Sessing lawsuit, things' that the Council thought s�iOtij A Resolution Approving 111vil oer Johnson voiced her concern that he Crfy and try to identify what has been done t.latiir personnel laws in questioning staff rttorntrpFilla explained from a legal standpoint evaluation at a non public setting. If you step are not being upheld. r14dased meeting where he met and talked about issues in the expanded in the be di lawsuit and things that came up be discuss 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 minutes, for his review on these sections of the code.) Filla, which is made part of these Size of Gara e to Residential Dwellin : Attorney Filla summarized the information he stated in his letter dated December 5, he c e 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 accessory structure, dwelling unit, garage and the definition of total square footage dwelling area. of a 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 cannot exceed 1000 square feet. Currently the City doeautomobiles, as then it s 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 2005. Personal recollection, when the City Council adopte because they were being asked to expand the definition o fieldstone as a form of ground cover and landscaping Tt` this time as an overall drainage plan. The code is maintain the side yard setback area in an attractive that well that the materials currently there are not maintained ini Mayor Johnston stated that the City has a and implied in that responsibility is an am run off: In his opinion, whether a Eeta'nln an impact on grading and the ClA, tie and it is quite clear that the rqi'ning wall a detrimental affect on run off i t ie=Cit} removed. Council mernh, writing that the Attorney Filla st t d December 5, 99-37, it was to include ttto the City at ' twner needs to ion. It appears r LV In4nage run off and grading );rnanage thlugs that affect grading and put in with or without approval, it has y to control grading and control run off In without authorization and in fact has be requiring that the retaining wall be me property owner has stated verbally and it is in referring to is a retaining wall. a e unarm rn'S case the City would be hard pressed to say that the property owner could not itse`freldstone 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 wail, drainage system; and the berm. 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 LAKE ELMO CITY COUNCIL MINUTES . DECEMBER 6, 2005 10 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 east to the end of the retaining wall on the west. The 4" drainage pipe that runs under the driveway needs to be redirected to stay on the Sessing property. ( and is laying in the required 10' side yard setback needs to be removed and that water 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, see what happens on this. the Property owner has not done as directed. The Council said fake they would a wait and Joan Ziertman said it had been discussed at a previous Cc uncnikworkshop and she would like to know what the legal bearing would be that the inspe?tor Interpreted the code for 23 years that you cannot have more garage space than the "nze of thin principal building. She felt this needed further discussion. Mayor Jolmstc&�Cesponded thatthe City Attorney has interpreted the code, that there is no legal basis Arid the City has to fix this section of the code. The Administrator explained he had 1,v sit from the homeowner and the snowmobile problem has not been ehmmated The City be enforced by the Dehas;to have this ordinance in place in order to puties Prd recommended passing the ordinance. Valdi Stefenson, iepresntmg two o}ganizatio said thns the Stillwater Snow Lords and Star Trail, ey were inopi5tibn to adopting to make revisn this ordinance as thus would be bad public policy a crr3ipon one single c othresidents omt5laint. This ordinance will negatively impact er an much stricter than state or county regulations. He said it was his understanding that trail. e problem with the affected homeowner was resolved by moving the x 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. He said it's difficult to craft an ordinance to fit all neighborhoods. M/S/P DeLapp/Johnston - to reconsider the motion. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 11 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 a announcement in the newspaper. Council member playfield in this area was never part of our park pl; in the wrong direction because the plan was to cen area. ..,.,,,,"."., 12. CITY COUNCIL REPORTS Council Member Johnson tl repairing the waterman that Council adjourn the Respectfully suhrz ttied by any partnerghip before the .ated that a community the City would be heading ball fields in the Old Village and staff for their quick response in plowing they had done. City Clerk LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 12 City of Lake Elmo City Council Meeting Minutes of Acting Mayor Smith called to order the meeting of the Lake Elmo City Council at 7:00 p.m. with the Pledge of Allegiance. COUNCILMEMBERS PRESENT: Johnston, 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 713-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: 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 sh'et;i'roni an attached document and there are several inaccuracies. The Mayor agreed more tini "was needed. VTE: 5:0. b. January 3, 2006 Councilmember Conlin asked for a change to Page 2 under Public Inquiries Animal Control. Change to cornment'of 'what she balled untruths." Page 7 is confusing because she understood th@ wbrdmg in 'the, ceriter.paragraph by Councilmember Smith regarding imposing fees, actually became part of the paragraph amended by the remedial measures document by the City Attome3+, She woul4ljike 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 Knoblaeh 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 DRAFT 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 h. 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 Councilmember DeLapp said gas should be purchased the Building Department fuels up at the other station, VOTE: 5:0. M/S/P, Smith/Conlin, to Approve 4A2 on the recused herself. VOTE: 4:0:1 Abstain::,aohn c. Pay Scale Adjustment M/S/P, Johnston/Smith, To Councilmember DeLapp The City used to use the Mayor said h whether this VOTE: 5:0. 5. Finance None The Finance Director said be notified. Councilmember Johnson Plan. )yees;inight be getting disproportionate increases. otcomparable cities to determine increases. The approve this increase tonight, and later determine the method of compensation for staff. 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 Ehno City Council Minutes of January 17, 2006 Ala 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- Sedro-3 Park-1 1 McGirr Nicole I A secon Helwig- Sedro-3 McGirm Bob I3el A third t McGinn Sedro-2 M/S/P, J year tern VOTE: with three votes. a three votes. fission for another 3- M/S/P, Johnston/ , To appoint Laurie McGinnis as Second Alternate to the Planning Commission. 4:1 Nay-DeLapp. The Mayor said Ms. McGinnis is in transportation planning, she is very well qualified, and we have problems with traffic in our City. M/S/P, Johnson/Johnston, To appoint Julie Fliflet as Full Voting Member and Bob Van Zandt as First Alternate Member of the Planning Commission. VOTE: 5:0. M/S/P, Conlin/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 Lake Elmo City Council Minutes of January 17, 2006 the Planning Commission until Commissioner McGinnis comes onto the Planning DRAFT Commission. VOTE to amend: 5:0. VOTE: 5:0. b. Organizational. Parks Commission Appointment M/S/P, Johnson/Smith, To reappoint David Steele to the Parks Commission 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 moronnal proc ssCouncilmember 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�oTpot having a survey. MOTION AND SECOND WITHDRAWN. `�...,. M/S/P, DeLapp/Conlin, To continue the r' o year term for'Mayor in Lake Elmo. The Mayor explained his reasons fRr wanhn a ehange to four-year term including continuity of leadership, encouraging good candidates, and implementing the Comprehensive Plan and dealing with the Metropolitari'Councll �Counezlmember Smith said 95% of residents do not support a four-year term and:a gog.d riiayor�wilbe reelected. Councilmember Conlin said two years gives voters the opporti%ity to affect change on the Council if they see something they don't like. Cotmellmember Jolmson, said she got a 50-50 response talking to voters. She supports four ys for continuity ar% I` for the implementation of the Comprehensive Plan. The Mayor said he t nks 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- John on/Johnston. 7. Maintenance/Parli/Fire/Buildin a. Maintenance Department — Gen Set (Generator) Superintendent Bouthilet explained the difference in voltage for the new building and the cost effectiveness of getting the permanently mounted generator at a discount of about $10,000.00. He said the problem with renting is having a wired facility for it. Administrator Rafferty said the original plan included a rollup generator. We are looking at a change in design of the building that in the long-term would be better for the City. He said in a regional outage, we would have the new building operational for the crisis. Councilmember Johnson asked why the MAC made no recommendation. Superintendent Bouthilet said they discussed it. MAC Chairman Talcott inquired about amperage and voltage for the new building. Lake Elmo City Council Minutes of January 17, 2006 M/S/P, Johnson/DeLapp, To send this request to MAC for a formal recommendation. DRAFT Councilmember DeLapp was concerned why we had to have 480. He asked if this were a potential emergency shelter space, what special safety precautions and other provisions for an emergency facility are in this building? VOTE: 4:1 Nay -Smith b. Update on Building Department Activities: Jim McNamara The Building Official presented the Summary Building Report for the Month of December and Year Ending 2005. c. Fire Department Update: Greg Malmquist The Fire Chief said they had one applicant for safety officer, performed an interview with the District Chiefs, and Barnie Sachs was appointed unanimously. MJS/P, Johnson/DeLapp, To approve Barrie Sachs as Safety Officer for Lake Elmo Fire Department. VOTE: 5:0. ,,, The Chief reported the Fire Department cc Salvation Army. The Chief said they are 1 are recruiting for Lake Elmo residents and d Sprinkler Ordinance//Maintenance Fat Councilmember DeLapp said there is no our new Maintenance Facility could,prol Building had a sprinkler system, esp'ecia M/S/P, Conlin/Smith, To d sprinklers for the Maintena. The Building O f f e al said 1 is constructed ofwould not The Fire Chief said tfii accept the wording of VOTE: 5:0. to t $745.53 in red kettles at Hagberg's for the fat the process for hiring firefighters: they rlM'y for day firefighters at this time. a,. nuncalmember DeLapp Ysacrrficelives when a sprinkler system in firefighters. He thought our new Maintenance it is so close to the new water tower. topics of the Sprinkler Ordinance and rncil Workshop in February. uilding and its classification, its occupancy and what it building to be sprinkled. with City Code a couple of years ago, the state would not and that is where it remains today. 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 DRAT 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 b' k by Ammal,Iun. He said there is an assessment on an easement access. He asked if there is anlegal recourse if he does not want the water. The City Attorney explained this is not aspecial assesment hearing, this hearing is to determine whether to go ahead with this proleot, Anyone,I roposed to be assessed, will get a notice before that hearing. Generally if scimeoneas not, assessed and hooks up later they pay a connection charge equal to what the assessreni wou d`have been. If it is specially assessed it will be on the tax rolls accruing annupliy. rF n .T T THE MAYOR CLOSED THE PUBLIC HEARING AT 8:47 P.M. Cotmcihnember Deapp and Ave to do this project for our water system but people should not have t© 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 T'I forAilie Water System Interconnection Phase IV Project. Councilmember DeLapp said it is critical for people coming to a hearing to know what we plan to assess them. The City Attorney said the City should withhold the size of assessments until all the facts are gathered. VOTE: 4:1 Nay-DeLapp. THE MEETING RECESSED FOR FIVE MINUTES AT 8:51 AND RECONVENED AT 8:56 P.M. 9. Planning, Land Use & Zoning a. 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 DeMonl eville 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 DRAFT 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 Plarmer 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 theCity,prior to commencement with construction. The Administrator said the owners will not have to day for the use oftthe park land. Councilmember DeLapp said they should have tt7 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 b�t vaay possible vuithout getting Oakdale sewer. Dave Austad Mr. Austad said they did not kri'W problem wrth the land when they bought it. The 41 Council could have gotten the other land by erninent domain but they didn't do it. At some point he and his neigh bors°are,gomg to ru#out of money.. This plan is more costlythangoing to Oakdale for sewer, g g c,ouncumernmr , joi-app saga they s4buld get rid of the mounds in the front yards to bring them back imd the character o the neighborhood. Mr. Austad said MN Rule 708b says they have to follow rules for abandonment of a septic system. If it costs S50,01 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 IS. We should incorporate the park land into the costs here. In the event the lawsuit is successful, the damages could be incorporated. Mr, Rooney, Mr. Austad's attorney, said they cannot contrive to add fees to this lawsuit. Provisional costs would complicate the situation. Councilmember Conlin called the question. VOTE: 4:1 Nay-DeLapp. The City Attorney will come back with the agreement for Council review and approval prior to construction. Lake Elmo City Council Minutes of January 17, 2006 b. Appeal ofAdministrative Determination: Gorman's Restaurant DRAFT The Board of Adjustment and Appeals reviewed the appeal by Ed Gorman to allow a drive up window at Gorman's Restaurant. The Planner explained the request for a minor addition for carryout orders. City Code prohibits drive through facilities when related to a restaurant in the GB District. The Mayor opened the hearing of the Board of Adjustment and Appeals at 9:31 p.m. Ed Gorman said he purchased the restaurant 26 years ago. He said he disagrees with the Planner's findings because he already has take out food. Adding 200 square feet will not make his restaurant fast food. He feels the Code is open to interpretation. He wants the change in order to facilitate the pick up business and perhaps sell more coffee. The Health Inspector approved the plans and their classification for his restaurant does not 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 wirAw in his restaurant. He wants to take good care of his customers. In the old days, he said'you coulatnly buy gas at Lake Elmo Oil. Now you can buy food, groceries and sundrydte ns. He would Iik�,the ability to grow his business in the same fashion. Councilmember Conlin asked about station for coffee 4 X 4, lighted indii about traffic concerns. ran said he wants a small order Councilmember Conlin asked The Mayor said the ordinance is writt�u 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' "od restaurartt�°, Couid 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 tlim(ca it is a legislative solution. He said Council can do it by definition of a restaurant and drrve up as opp sed to drive through. He said there could be concerns for traffic on site and concerns for safety. The Code can clearly distinguish it from a fast food restaurant.'" The Mayor closed the bearing at 9:44 p.m. Councilmember Smith would like to be able drive to the pick up window. Councilmember DeLapp wrote the ordinance. He said now times have changed and it is reasonable to discuss today's intent. Councilmember Conlin said cafes and restaurants are limited to full service table operations but it does not say drive up not allowed. She recommended having the Planning Commission review it and Councilmember Smith agreed. M/S/P, Smith/DeLapp, To support the administrative decision that no building permit be issued for the drive up modification not the restaurant per the terms of the GB zoning district that allows only "full service table operations." Councilmembers DeLapp and Smith said they want the Planning Commission to find a sound method and process to allow a pick up window for full service restaurants while excluding fast Lake Elino City Council Minutes of January 17, 2006 10 food. DRAFT VOTE: 4:1 Nay -Conlin she would have voted to approve the appeal and then ask the Planning Commission to review it. The Planner will bring it to Planning Commission in February and return to Council with it by the end of February. e. Appeal ofAdministrative Order —Rod Sessing The Planner said the Building Official ordered modifications requested by City Council to The Sessings. The Board of Adjustment and Appeals will review the appeal by Rod Sessing of an order to relocate a pet containment system, retaining wall, drainage system, and magi -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 McNat items are structures. He read the code definition a pet containment system is a structure. He said; when the pole building was constructed, and that said that Tom Prew told him that grading, permit,, was astonished that all of these s. He paifcularly disagreed that ,rm was approved by the City insulation to frost footings. He issued for residential properties. Two small spots of erosion on his properly tnthe past, resulted in his putting in the drain tile. Neighbors allowed storage of the stone on Cheir pz' p%y for 30 days while work was completed. In 1998, the complaint was sattsired , 1°399, 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 bier the Grading Plan was approved. The plan shows the 6X6s, the drain tile, and felds ile. It was all approved. All of a sudden it has become a structure. He turn$ ltt a letter to3he City with a statement from a certified civil engineer that M,.. there is less waterrriovmg�ff his property now than before the grading. He installed electrical fencing over the entire 11.5 acre pareel. There was never a problem with the location of the fencing during all;rhe discussron of electronic fencing. He said the City allows The Ziertmans to have an electrtfiedthree feel''fence, and there is a sign that says it is electrified. He said that is illegal. His wife moved their home occupation off site. He said the City shut down his business but allow The Ziertmans to have retail sales on their property. He asked how much money the City will waste on this. Now you want me to move dirt approved in two separate years. Now electric fences can't be there. Now the Code allows a solid stone fence on the property line but the City won't allow the six -by -six retaining wall that was approved in 1998. He pulled Building Permits as they were needed. Council wants him to move the dirt and not put the fieldstone back in, but the resolution of 1999 specifically allowed it. Culverts are greater structure than 4" pvc pipe that functions to keep water on his property. The City should not go back on their word. There is no statute of limitations for grading. If the Council sends it to court they let the residents pay more. Mr. Sessing distributed pictures of what he said were retaining walls within setback areas all over Lake Elmo. Joan Ziertman Mrs. Ziertman said this is fifth time she has spoken to Council on this issue. Council gave Lake Elmo City Council Minutes of Janu uy 17, 2006 correction order. She said it is not subject to appeal because it is not an administrative DRAFT 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 house? Is the electric fence illegal or relevant? standpoint? Councilmember Smith said the Council the pictures. We had no appeal for the c She said the pictures subm.itted are illee M/S/P, Smith/Conlin, To lawsuit. . Is the siadage and business out of the we are doingpermissible from a legal h this over and over, and we have seen ers so she is not sure it is justified. measurements. forward and add the four items to our Councilmember Conlin askeKdf this appealis justified. Give the applicant the chance to appeal and make a_decision_ " FF aancu it we yearned something that we did not know before. He made the motion f6r that nast_rP.gnhit;' ,, Councilmember SmithAaid a motion was made to use it as a landscaping material not for a retaining wall. There is no documentation for it. Councilmember DeLapp asked if the motion he made then was for approval of fieldstone landscaping. The City Attorney said Mr. Sessing did not add any more after that. He does not recall photographs from that time and the minutes don't reflect it. There was also an issue of erosion that this landscaping was going to correct. The Mayor called the question. VOTE: 4:1 Nay-DeLapp He said his was a throwaway vote, and he is not convinced we have thoroughly addressed all the issues. He thought he saw photographs of it seven years ago. The City Attorney will make an amendynent to the lawsuit for six additional issues. Lake Elmo City Council Minutes of January 17, 2006 12 10. 11. d. Systems Statement DRAFT 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. Shorewood. His reaction is a statement from Met Council Staff The Planner said that what arrived late Friday was an example of what was done in the City of we have right now and more than we might expect from the committeeAttorney, it is more than we . If we accept this an would agree, and it would never come to the Met Council. We are not going to convince the Met Council Staff that the MOU has no significance. They want.us to waive the rest of the hearing process in return for a directive from the staff attorney. DeLapp/Johnson To work with the Administrator and accept the City Attorney's recommendation to stinula, VOTE: 5:0. e. Boutwell's Landing Speech by Chris Ge Councilmember DeLapp said Mr. Georgz Smith. The point he made clearly was the developers and builders and if they, don't, them. r: Mr. Georgacas will attend recommended adding it to and the Mayor will.,get top None Plannex;to draft a document to the Attbrney for Met Council Staff swer questions posed by Anne obligation to maximize profits for is ready to step in and do it for 19 6n February 70'. Councilmember DeLapp eking out an advertisement in a newspaper. Staff how to get an interview for the newspaper. a. Appointment of Fire Chief to Full Time Status Administrator Rafferty said the City has reviewed the necessity to hire a fire chief to financially manage the fire operation more closely, to maintain equipment, and to manage the thirty member fire department. There has been significant reorganization of the depand planning for the future by the consultant. The CIP has the funding for it. It will save money over the next year. M/S/P, Johnson/Conlin, To hire Gregory Malmquist as the full time Lake Elmo Fire Chief as of Wednesday, January 18, 2006, Councilmember Smith said she holds the fire department and chief in high regard. She feels fiscally irresponsible at this time because we have not grown in the last two years. She would like to see the financial figures that support this appointment. Lake Elmo City Council Minutes of January 17, 2006 13 W Councilmember DeLapp completely agrees, about 90% of all the calls are not for fires but for ambulance service. If given the choice, we would have an ambulance service here. We ought to have more information and a thorough workshop on it. Councilmember Johnson said the previous council studied fire and didn't do anything. He said a few things this position will handle are the Fire Study, the Maintenance Facility, and daytime coverage. He said the Council has to move forward on recommendations from studies that we have known about for more than ten years. said it should have been asked a long time ago. Planning is going to be crucial fCouncilmember Conlin agreed and did not understand the request for more information. She thought out safety plan for the City. or a well Councilmember DeLapp said he would vote for half time but not full time. Councilmember Johnson there was a Council Workshop and rfmore information is needed, it should be requested in a timely fashion. �, k VOTE: 3:2 Nay-Smith/DeLapp. y b. Begin Hiring Process on Assistant City Planne and Lily Engineer M/S/P, Johnson/Johnston, To direct staff to begin the hiring process for an Assistant City Planner and a City Engineer. VOTE: 51,11161 w 4>. c. Set date for CouncitlParks/Washington County TecliWeal Committee Meeting The Councilmembers will e-ma&au�dlah,li "WO d. Fire Department M/S/P, Conlrrr/DeLappz )<o app&pt Councilmember Johnson to work with the Administrator and the Fire Chref:in the on goingdevelopment and modification of the LEFD Manual. VOTE: 5:0 ,4_ V 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 s ve would not be able to sit on that board. Councilmember DeLapp said he hary serious reservations. Councilmember Smith volunteered to serve on that committee. Lake Elmo City Council Minutes of January 17, 2006 14 DRAFT Motion, DeLapp To go forward with investigating this type of plan and appoint Councilmember Smith to participate in any discussions and to keep an eye on this project. FAILED FOR A SECOND. Motion, Conlin To bring this concept to both Parks and Planning Commissions for their opinions prior to any discussions with Oakdale. FAILED FOR A SECOND. Councilmember Smith asked if Oakdale could proceed without us. The Administrator said the City is in charge of the zoning and use for that parcel so Oakdale has to work with Lake Elmo. M/S/P, Smith/Johnston To simultaneously have discussions with Oakdale while we send the proposal to the Parks Commission and Planning Commission for approval recommendations. The Administrator said the City is looking for the foundations of an agreement, not an agreement yet because business questions need to be answered first. VOTE: 3:2 Nay — DeLapp, We should collect some guidelines from the Parks Commission, neighbors around the proposed park, and the Planning Comr�issroh� Conlin — The proposal should be presented to the Parks and Planning Commissions first. Councilmember Johnson left the table at 11:48 12. City Council.Reports ' a. Mayor Johnston Mayor Johnston reported he was invited to serve an the BOarf Directors for the Regional Mayors' Conference. I, �� b. C. d e. Col bee Mayor Joh Respectfully submitted, Kimberly Schaffel Recording Secretary loving on Code Enforcement. She said it will Lake Elmo City Council Minutes of January 17, 2006 15 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. r 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 staff. Councilmember Smith asked to begin for his meeting of the Washington Co to go through the items in the letter i deadline of February 1. and relayed the information to nember DeLapp has to leave Councilmember Conlin asked other discussions because we have a The Planner said we submitted a Co'rr% rehensive Plan to Metropolitan Council on September 6. We received a letter later. in September where Metropolitan Council said our submission was incomplete. On Nov& er 18 administrative staff and Councilmember Smith and Mayor Johnston met with Metropolitan Canneil. They were advised at that time that there would be a review letter. After the meeting tho'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 ResoludonNo.2005-20. Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006 DRAFT 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 hejhe potential solutions and options offered by staff. Councilmember DeLapp would like t table uritil.,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 f overshooting our 2030 population target. The inserted. There are two land use districts b id District. He said that rather than madifv the n descriptions with two provisic existing residence or 500 feet thinks the map will not need t Councilmember Del p said tho would be the City's cel where said we will have ereater ensity remedial measure without disfriliuted language that could be gional sewer, SRD 3.5 and the VR language could be inserted into the district increased density within 1000 feet of an ,e in the Village. He said if we do this, he could look like a PUD. The Planner said it uld place additional density. Councilmember DeLapp parcel and open space on the next. Councilmember Smith asked ifibe new text takes place of the sentence inserted at the last meeting. The Planner said this would be in addition to that sentence. Councilmember Smith wants to be sure we are not going over 24000 population and 6600 REC units. The Planner said we have never gotten a response from Metropolitan Council when asking for clarification on that issue. Councilmember DeLapp said the Metropolitan Council is backpedaling on the MOU. Councilmember Conlin said we have to give staff enough time and still get it back in time for Council review. We have to put in the good faith we have in support of and to protect the MOU. Councilmember DeLapp left the table at 6:42 p.m. The City Attorney said the Council can table this meeting to a time and day certain. Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006 Councilmember Johnson asked if you could add, "provided no economic downturn." The Planner said it is within the Comprehensive Plan already. Councilmember Johnson said we should reemphasize it in this portion of the Comprehensive Plan. The Planner said that Aviation, the Village Plan, and Housing can be addressed at once with the Village Land Use portion of the text. Metropolitan Council wants more detail and the Village Plan Map. The Planner suggested going to Mr. Engstrom's concept stage plan and converting it into a Village Plan Map as of today. He said that may not be the final end product. He suggests implementation devices be addressed in the Land Use Plan text. An overlay district in the Village that says the Comprehensive Plan is the zoning for that area of the City. That will be form -based zoning. The Plan will show a green belt and someone will suggest the City is taking but we will be doing Transfers of Development Rights, and those owners will be compensated for their development densities. The Planner asked the Village Consultants to do that 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 b'e on that Land Use Plan as a green belt. The property owner has development rights to sell � e have discussed this Village Plan for three years. The concept by the planner representmge landowners is very similar to what we anticipate in our Village Plan. We have ruri out of timeYto trade plans, we must keep the option open for modifications later but we have to submit something to the Metropolitan Council by February 1, 2006. The Mayor said how are we assured there will be no surprises on February 1? The last page of Peter Bell's letter invites the Mayor to call himyor Blair Tremer•= The Mayor will call either of ter; .., them if the Planner does not get a response. The �+orce message received by the Mayor had the tone that this was important to the Metropolitan C'tunol as well. Councilmember Conlin said she hopes staffis thoroughly documenting our attempts to work with them, and staff should document phone calls took The Mayor said we have also been tl)& `4tened with lawsuits. There are legal issues and sensitive E issues that create the a, ssity for a closed session tonight. Administrator Rafferty "suggested thetouncil set a time certain for tabling the open meeting. Jot, Councilmember Conlin asked if zsiaff feels comfortable with direction offered thus far. The City Attorney said that direction should be made on the record. M/S/P, Conlin/Johnson, to implement our discussion as direction to staff to work with Met Council staff to be sure on February 1, 2006 that Metropolitan Council has everything they need. VOTE: 4:0. The Council set the continuation of this meeting for 5:30 p.m., Friday, January 27, 2006, and we might have solutions by then with regard to the Village Plan, Councilmember Johnson said that anything staff can accomplish by then should be brought to that meeting. Mark Putman spoke on behalf of Mr. Lynskey and representing the allied owners. He asked if the actions proposed tonight were negotiable. He asked if the concept for the Village Plan Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006 DRAFT assuming 600 new units was cast in stone. He encouraged snaking 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 Secretar Lake Elmo City Council Emergency Meeting Minutes of January 24, 2006 4 DRAFT 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 overvieeu of thYeoncept for the Village Plan. He said it is his understanding the Met Council will accept that information on a preliminary basis. -d1b," 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 offn 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 6ounil, sub pitted the changes to the Metropolitan Council, and heard from Blair Tremere the st'bmrssipn was fine. N W He updated the Wastewater chapte 6f the Comp I an. He also modified Chapter III relative to bullet points in the Metrap�rlrtGouncl letter to change the numbers in response to their .: bulleted concerns Th'6? 6 changes'have riot been submitted. An entirely new Chapter VI was modified and submi & � to Metropolitan Council yesterday. The Planner said that what'r�mamslke 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 Plamier said the Met Council expects us to address 7 items in the Village Plan: 1. Protection of Airport Safety Zones 2. Affordable Housing requirements 40+ acres X 5-6 units per acre = 250 dwelling units. DRAFT 3. 100+ apartment units. (Councilmember DeLapp said that is a very large percentage of our new unit count.) 600— 350 Affordable = 250 new single family housing. 4. 440 Units + 160 units = 600 units. 5. Green Belt 6. Transfer of Development Rights a. Green Belt b. Ponds c. Public Facilities 7. Schiltgen Horse Farm (108 acres not included in the Village Plan). The Mayor said if the legislature says we have to have 250 units, it was not their intention to give Peter Bell the power to sign that away. He asked the City Attorney if the MOU negates legislative requirements. City Attorney Filla said the MOU is criteria though we tend to think of=it as a contract and policy statement. He believes the City has the right to choose housing.,F'" 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 mission but we have not yet reviewed it for policy. The Planner read from the MOU for clari options to choose our housing below 1 Orr e-mail received from Blair Tremere this r regarding: • Verify RECs to be used • Provide adequate protections • How many sewered acres for graphic labeled "Preluninary'. The Planner introduce4 the Master steps taken to get there with�broad Bob Engstrom, Bruce where it indicated we had we 1 Oth Street. He read from an st provide enough information id high density housing and submitting a new to follow as a Comp Plan Amendment." Planner for him to explain the Village Concept and infrastructure considerations. Landscape Architects, and Jerry Mazzara Mr. Engstrom said the consultants have worked to develop a vision for what they thinilc 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 Thorbeck Plans created over the years. He said that at all costs, integrity and existing uses in the Old Village are the heart of the Village, and need to be protected. Signature anchors would include things like a YMCA -type of facility, city hall, etc. He said those anchors should be placed carefully, like the Village itself, intimate and close to the heart for walkability. There will be green connections into neighborhoods, neighborhood greens, and park spaces that will be connected by some sort of loop. Those are the basic ingredients for the plan. The core will be preserved and strengthened, a loop for circulation, and Highway 5 DRAFT changed to a more urban section - walkable with sidewalks, traffic lights, and curbs. He said they are considering a number of viable sites for some of the signature anchors. There will be stormwater and amenity water management and life cycle housing. Not just large lot single family homes but small lot single family, apartments, condominiums, townhouses, senior housing, special needs housing, etc. Water amenities will take advantage of PCA water treatment. A four corner intersection would be recommended at Highway 5 and Lake Elmo Avenue. He said the goal is to encourage walkability and bicycling. Mr. Engstrom said this would be an ideal plan, and there is no intent to wipe out any existing business. There are ponds on the airport property that made him suspect the orders not to have ponding in Lake Elmo around the airport. Bruce Jacobsen said there is a buffer of open space related to the entire plan. Councilmember DeLapp said they need to address the park and ride. Bruce Jacobsen agreed it is an important aspect of this plan. parking in the daytime for commuters and at nighttime for v M/S/P, Johnson/Conlin to give staff direction to create a Councilmember DeLapp said LEPR showing 6,000 Plan. We do not have to ask for too much detail €ot Comprehensive Plan, just conceptual mapping. g.. , The Mayor said we are just trying to creating policy. VOTE: 5:0. The Planner said we will Councilmember DeLapp' asked if we was a concern. The Planner,,said that morning. The meeting adjourned at 6:20 p.m. Respectfully submitted, Kimberly Schaffel Recording Secretary shared map. conceptual in the Systems an portion of the He said this map will not be Council deadline requirements. capped the population number at 24,000 because that an accepted term by Metropolitan Council Staff this DRAFT #2 q 1 v n/ =0} Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m. COUNCILMEMBERS PRESENT: Conlin, Smith, Johnson, and DeLapp. 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 11 C. Mayor Johnston asked for 9D Recommendation for County Planning Commission and 9E - Second Alternate position on Lake Elmo Planning Commission. 9A, 1 IA, and 11B 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 l0A and 10B should be under 13 in the Closed Session. Councilmember Smith asked about the garage addition to Sessing Property under 101). 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 untililate'r 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 there is a possibility they may need more time than that. DRAFT #2 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 andxegionally;.identified centers.. He. said that Park and Ride community issues should be closelyheeded. The.,City has•a:historyof 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 Systern 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 7th 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 5. Volunteer/Employee Recognition Dinner DRAFT #2 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 42 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 43 for Water System Interconnect -Phase III-$10,709,71 M/S/P, Johnson/Conlin to adopt Resolution No. 2006-013 approving Partial Payment 43 for Water System Interconnect Phase III in the amount of $10,709.71. VOTE: 5:0 PASSED. Resolution No 2006-014: Partial Payment 41 for the Water Tower - $46,312.50 Tower m the amount of $46 NI/S/P, Johnson/Conlm to Adopt Resolution No. 2006-014`approving Partial Payment #1 for the'Water ,312.50. VOTE: 5:0 PASSED. Parks Commission Appointments M/S/P, Johnson/Conlin to reappoint Jenifer Watters for 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 appoillrt Judith Blackford .1" 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. O. 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 DRAFT #2 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 VB WD 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. Mn 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 RE, Cs and population and asked where Lake Elmo City Council Meeting Minutes of February 7, 2006 6 DRAFT #2 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 a joint facility. Recommendation would be to edit and revise this Agreement because we are asking already for 50/50 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 severalworkshops. 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 ifwe are really thinkingit through and whether:it meets. our vision for the City. Councilmember Smith would like detailed discussions on the overall costs in the long rum and what we must. sacrifice in order to build it.%. i , 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 DRAFT #2 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 for a 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. B. Verbal Report on Comprehensive Plan Lake Elmo City Council Meeting Minutes of February 7, 2006 DRAFT #2 The Planner said a letter 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. Bill Pulkrabek said he would appreciate a Resolution. Councilmember DeLapp said he phoned Kathy Sedro the day we thought she wasn't good enough to be on our Planning Commission. He said he told her if he doesn't find a replacement for myself, he would have to stay there. He said, "Kathy, you'd be wonderful Think about it." He said her comment was why would they take me if I got kicked off the Lake Elmo Planning commission.He said he told her, "Don't worry about that, I'can get some good references." He said he talked to Bill Pulkrabek'and called Sue Dunn and Rose Armstrong,for recommendations. Councilmember DeLapp said they talked to Bill Pulkrabek and he said that was fine. M/S/P, Johnston/Johnson to direct staff to draft a Resolution recommending Kathy Sedro for vacancy on the Washington County-Plarming 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. Lake Elmo City Council Meeting Minutes of February 7, 2006 DRAFT #2 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. 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 though the Mayor and Administrator said they would take care of it.. 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. Respeotfullp srx6mitted, " Kimberly Schaffel Recording Secretary Lake Elmo City Council Meeting Minutes of February 7, 2006 10 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/FIRE/BUILDING: A. Update on Building Dept. Activities:Jim 8. CITY ENGINEER'S REPORT: A. Tablyn Park Overlay Project; Resolution Engineer to Prepare Feasibility Report B. Resolution No 2006-020:Establishing Sr, TH36 to 501h Street. C. Resolution No. 2006-021:Authorize Fea$ Improvements at TH36 9. PLANNING, LAND USE & ZONTIG: A. Amended Development Agreement The. ! Resolution No. 2006-022 B. Letter of Credit Esctaw R 10. CITY ATTORNEY'S REPORT^ 11. CITY ADMINIST �XR,OR'S RE 12. CITY COUNCIL RE bRTSr0" CLOSED SESSION: Lake Elmo va ..Sec Aid Route Manning from Report Manning Avenue of Lake Elmo; Sanctuary of Lake Elmo 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 Pre 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 413 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 INOUIRIRESANFORMATIONAL: 4. CONSENT AGENDA: A. Resolution No. 2006-018:Approvina 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 161h, 2006 and claim, 28704 trough 28754,,in the total amount of $94,493.63. (Motion passed 4-0.) 5. FINANCE: A. Revi Council member Conlin asked about the $4,000 c Animal Impounding for 10/01-12/31/05. Finance collected help offset our costs which are all the�an unclaimed. The City bears the whole cost of rmpo to hold the animal for a number of days and theme C are claimed and 60 percent of cats°are ccmmg" ifor Humane Society Companion lirector Bouthilet said the fees ials, but the majority of cats are rding. Bylaw the humane society has r has &pay for that. Most of the dogs Cimarron. Council member Conlin asked if the new code enforcerrient officer could enforce the licensing. The City Administrator responded w ="hiring a'CA"F, they will take a close look at this. The Council will receive an update mi options whieh'have been discussed with the City Administrator and Finance Director at the next Council workshop. The finance Drr or reported 1b4t most of the fee increases are due to inflation. Council member DeLapp stated inflation not be used as an excuse to pay more money. M/S/P Conlin/Johnson fiaopt Ordinance No. 97-165 setting the Municipal Fees for calendar year 2006. (Motion passed 4-0.) 6. NEW BUSINESS: 7. MAINTENANCE/PARIUMIZE/BUILDING: A. Update on Building Dept. Activities: Jim McNamara 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 391h 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. 8. CITY ENGINEER'S REPORT: A. Tablyn Park Overlay roject Resolution No 2006-019•Authorize Engineer to Prepare Feasibility Report 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 munrmze 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 Netghborhood Overlay Project. (Motion passed 4-0.) I: The City Engineer reported �cordmg tstate atdnles, each City may designate up to 20% of its local streets mileage �s coll'ector roU�s that are eligible for State Aid funds. In order for the City to maxniriize its share of State Aid construction finds, we need to designate as many rorftes as possible.I' 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 50th Street. This route will be about 1.2 milesin 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 Mh 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 get out 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 thru 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`" 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 TH36 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. I _ F. 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 THss 36 to the Sanctuary subdivision. (Motion paed' 3-1: DeLapp stated it is a real loss for this country road to be turned intoeeless freeway and didn't consider it an improvement.) %+ Council member DeLapp we something Woodbury would The City Planner said the Iot surrounding communities; th 9. 011 make it safer. He said this is ry light... what will this be in 10 years itudy was not approved by the six The City Planner reported the City Attorney prepared a new Paragraph 4.12 for the Sanctuary Development Agrreernent 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 Plainer 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 6tn M/S/P DeLapp/Johnson — 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 Sanctuary of Lake Elmo to $1,538,750, as recomme February 17, 2006 Memo, to reflect the value of it (Motion passed 4-0.) 1 10. 11. 12. Council member Conlin a picture of Mayor John: faces. the City security for the leer, per his o date. winder, a 3M newspaper, which has s hand with big smiles on their Council member DeLapp said we are getting ready to have a workshop with the Met Council and we sliould make 064le aware of this meeting because the Comp Plan affects the entire City. Representatives", om Baytown, West Lakeland, should be invited because everyone is affected by this decision. DeLapp noted that Jane Harper, Washington County Senior Planner, 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 Cleric 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 501h 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 LADE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006 q r� . CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-023 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 312, 313, DD652 through DD663, 28755 through 28761, were used for Staff Payroll dated March 2"d, 2006; claims 314, 28762 through 28818, in the total amount of $427,452.21 are hereby approved. ADOPTED, by the Lake EImo City Council on the 6 h day of March, 2006. Dean A. 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U dam• m P. a°�i ol�'QI''?rx[-o q:�F F• YoF a��H ,a�,F U'�'�aH '5A a�iH KgnH p M p vac�z ace Mod � ��u 'C Hxc.� Hmu �Dxxc> u 3HU Ica 8 w" Z V U O O O O O O�j O� O M Opp O� O O •..., O O NNNNN 'O ui bU b � bM b �Pa b � b C b'd C� q .-� C O q� C C C 'C ❑ P a 7 91 O a d fl N �m M Lake Elmo Agenda Section: CONSENT AGENDA No 4B. City Council March 6, 2006 AL,enda Item: Lease Agreement with Washington County Ag Society (Washington County Fairgrounds) for Clean Up Day Background Information for March 6, 2006: Clean Up Day is scheduled for Saturday, June 3rd, 2006, 8 a.m. until Noon, at the Washington County Fairgrounds. Staff is requesting approval of the lease agreement with the Washington County Ag Society for Clean Up Day, in the rent amount of $103.00 and a $50 damage deposit. The damage deposit will be refunded within 5 days if no damage is found. Action Items: to authorize the Mayor to sign the Lease Person responsible: Agreement with Washington County Ag Society for use of the S.Lumby Washington County Fairgrounds for Clean Up Day and approve the rental fee of S153.00. Attachments Lease Agreement with Washington County Ag Society This lease, made this 22nd day of February, 2006 is by and between Washington County Agricultural Society, a non-profit corporation, herein after called the LESSOR and City of Lake Elmo herein after called the LESSEE. Failure to return this lease agreement within thirty (30) days of the above date will result in its termination. 1. _ LESSOR hereby leases to LESSEE the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota, 2. X LESSOR hereby leases to LESSEE a portion of the Washington County Fairgrounds, located in the Town of Baytown, Washington County, Minnesota. Only the portion described as follows will be used and any property belonging to LESSOR will be left untouched, this Includes no tape of any kind on inside or outside of buildings and signs unless prior permission is given: North Parking Lot Area TERM 1.To have and to hold the leased premises unto the LESSEE for a term of 1 days, commencing at 12:00 A.M. on the 3rd day of June, 2006 and ending at 11:59 P.M. on the 3rd day of June, 2006. RENT 1.The rent for the term shall be $163.00 dollars. Such rent shall be paid as follows: $50.00 within ten (10) days of signing this lease as down payment and damage deposit. $103.00 prior to the commencing date of this lease agreement. The full damage deposit will be refunded within 5 days if no damage is found following inspection of areas used after event has ended. USE 1.The leased property may be used and occupied only for: Clean Up and for no other purposes without the written consent of LESSOR. LESSEE shall comply with all laws, ordinances and regulations affecting the leased property, and promulgated by any duly constituted governmental authority. LESSEE shall also comply with any insurance company requirements affecting the cleanliness, safety, use or occupancy of the leased property. Upon expiration of the term the buildings and grounds must be cleaned and vacated in the same condition as at the beginning of the term. This includes but is not limited to, removing and disposing of all trash. Any repairs or replacements necessary to restore the property to the condition at the beginning of the term shall be paid by the LESSOR and the LESSOR shall be fully reimbursed by the LESSEE. INDEMNITY 1.LESSEE agrees to indemnify LESSOR against any and all claims, demands, damages, costs and expenses, including reasonable attorney's fees arising from the business conducted by the LESSEE on the leased property or from any breach or default on the part of the LESSEE in the performance of any covenant or agreement on the part of the LESSEE to be performed pursuant to the terms of this lease, or from any act of negligence of LESSEE, it's agents, contractors, servants, employees, concessionaires or licensees. In case of any action or proceeding brought against LESSOR by reason of any such claim, upon notice from LESSOR, LESSEE covenants to defend such action or proceeding by council reasonably satisfactory to LESSOR. LESSOR shall not be liable and LESSEE waives all claims for damage to person or property sustained to LESSEE or LESSEE's employees, agents, servants, invitees and customers resulting from the buildings or grounds on which the leased premises are located or by reason of the leased premises or any equipment or appurtenances thereunto appertaining becoming out of repair, or resulting from any accident in or about the leased premises, or resulting in any act or neglect of any other LESSEE on said premises. All property belonging to LESSEE or any occupant of the leased premises shall be there at the risk of LESSEE or such other person only, and LESSOR shall not be liable for damage thereto or theft or misappropriation thereof. INSURANCE CLESSEE agrees to maintain a policy or policies of insurance, at its own cost and expense, insuring LESSEE and LESSOR from all claims, demands or actions for injury or death of any one person in an amount of not less than $1,000,000 and for injury to or death of more than one person in any one accident to the limit of $1,000,000 and for damage to property in an amount of not less than $1,000,000, made on or on behalf of any person or persons, firm or corporation arising from, related to, or connected with, the leased premises. EMINENT DOMAIN 1.If the leased premises shall be taken under the power of eminent domain, then the term of this lease shall cease as of the day possession shall be taken by the condemning authority, and the rent shall be paid up to that date. 2.AII damages awarded for any such taking under the power of eminent domain shall be that property of LESSOR, whether such damages shall be awarded as compensation for diminution in value of the leasehold or to the fee of the leased premises. 2. DAMAGE BY FIRE OR OTHER CASUALTY In case the leased premises shall be partially or totally destroyed by fire casualty so as to become partially or totally unattainable, the same shall be repaired as speedily as possible at the expense of LESSOR unless LESSOR shall elect not to rebuild, in which case by notice in writing LESSOR may terminate this lease, and a just and proportionate part of the rent shall be abated until so repaired based upon the time and to the extent the leased premises are untenantable. ASSIGNMENT AND SUBLETTING 11ESSOR shall not assign or in any manner transfer this lease or any interest therein, nor sublet said leased premises or any part thereof, nor permit occupancy by anyone with, through or under it, without the previous written consent of LESSOR. 2.Neither this lease nor any interest therein, nor any estate thereby created, shall pass to any trustees or receiver in bankruptcy, or any assignees for the benefit of creditors, or by operation of law. ACCESS TO PREMISES 1.LESSOR shall have the right to enter the leased premises at all reasonable hours, upon written notice, for the purpose of inspecting the same or of making repairs, additions or alterations thereto. SURRENDER OF POSSESSION 1.At the expiration of the tenancy created hereunder, whether by lapse of time or otherwise, LESSEES shall surrender the leased premises in good condition and repair. If the leased premises are not surrendered at the end of the term or the sooner termination thereof, LESSEE shall indemnify LESSOR against loss or liability resulting from delay by LESSEE in so surrendering the leased premises, including, without limitation, claims made by any succeeding tenant founded on such delay. 2.In the event LESSEE remains in possession of the leased premises after the expiration of the tenancy created hereunder, and without the execution of a new lease, it shall be deemed to be occupying the leased premises as a tenant from day to day, at twice the stated rent, subject to all the other conditions, provisions and obligations of this lease insofar as the same are applicable to a day to day tenancy, provided said possession is with LESSOR's consent. NOTICES 1.Whenever under this lease provision is made for notice of any kind, such notice shall be in writing and shall be deemed sufficient notice and service thereof if such notice to LESSEE is actually delivered to LESSEE, or sent by registered or certified mail, return receipt requested, postage prepaid, to the last Post Office address of LESSEE furnished to LESSOR for such purpose or to the 3. leased premises; and if to LESSOR if actually delivered to LESSOR or if sent by registered or certified mail; return receipt requested, postage prepaid, to the LESSOR at the address furnished for such purpose, or to the place then fixed for the payment of rent. GENERAL 1.Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto. 2.One or more waivers of any term of this lease by either party shall not be construed by the other party as a waiver of subsequent breach of the same term. The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive consent to or approval of any subsequent similar act. 3.The headings of the several articles contained herein are for convenience only and do not limit the contents of such articles. All negotiations, considerations, representations and understandings between the parties are incorporated herein, and may be modified or altered only by agreement in writing between the parties. 4.The covenants and obligations herein shall extend to, bind and inure to the benefit of not only the parties hereto, but their respective personal representatives, heirs, successors and assigns. 6.Unenforceability of any provision contained in this lease shall not affect or impair the validity of any other provision of this lease. 6.The laws of the State of Minnesota shall govern the validity, performance and enforcement of this lease. For: For: Washington County Agricultural Society LESSEE LESSOR By: By: Le Treasurer a Lake Elmo Agenda Section: MAINTENANCE/PARK/FIRE/BUILDING No 7A. City Council March 6, 2006 Agenda Item: PARKS DEPT.:Landscaping at Lake Elmo Art Center Backeround Information for March 6, 2006: Robert Myer, Lake Elmo Art Center, is requesting permission to add three or four 10' x 3' garden plots at the Art Center. He provided a list of garden suggestions. At its February 22"d meeting, the Parks Commission heard Mr. Meyer's request and made a motion to request the City Council to support the addition of creative gardens at the Lake Elmo Art Center. Action Items: Person responsible: M/S/P to support Robert Meyer's request for addition of M. Bouthilet/M. Rafferty creative gardens at the Lake Elmo Art Center Attachments: Letter dated February 22, 2006 from Robert Meyer Parks Commission Meeting Minutes of February 22, 2006 Presentation to the Parks Commission Mini Meditation Garden Paths, bench(s), plantings that promote meditation via silence, scent, and plantings Garden Plots (approximately 10' x 3') a) Community garden b) Children's Garden — modeled after the Children Museum c) Children's Sand Box d) Boys Totem Town — Peace Garden made by children e) Poetry Park — sculpture and platforms f) Labyrinth - meditation site scattered in a "garden" think small or large g) Perennial h) Herb i) Winter j) Hummingbird k) Butterfly 1) Hosta m) Seasonal flowering beds n) Mini "Japanese" o) Rose p) Specific species k) "Water" — either dry river rock simulation or actual water It could be readily imagined that "lectures" on the practice of flower arranging, use of herbs in food preparations and health concerns, and garden lore topics could be presented in the quadrangle that is bounded by the deck and accessibility ramp, or inside the Lake Elmo Arts Center. Bringing Arts To The Community info@RamseyCFA.org www.RamseyCFA.org 651-256-1407 3535 Laverne Avenue North Lake Elmo MN 55042 Imaginative treatment of the plantings around the center by way of specific pruning e.g. bonsai, vine flowers such as columbine or morning glories that could grow up the spindles of the deck railings, and much more. It is expected that the designs and production of these gardens would be first class, exemplary, and of great draw to residents of Lake Elmo and beyond. The present idea is that the Garden Committee of the Lake Elmo Art Center would be responsible for the design, implementation, and maintenance of these gardens. Their plans and practices would have to meet with City approval. It would be expected that there may be city liaison person who could function in conjunction with our Garden Committee. We also welcome your ideas. We envision that some of these ideas in conjunction with ours may possibly be implemented at other public sites within the city as well. Robert Meyer Executive Director Lake Elmo Ail Center (RCFA) Bringing Arts To The Community info@RamseyCFA.org www.RamseyCFA.org 651-256-1407 3535 Laverne Avenue North Lake Elmo MN 55042 City of Lake Elmo 111 DRAFT Parks Commission Meeting Minutes of February 22, 2006 Chairman Schumacher called to order the meeting of the Lake Elmo Parks Commission at 7:00 p.m. COMMISSIONERS PRESENT: T. Bouthilet, R. Larson, Waiters, L. Wagner, Steele, and Bruchu (7:02 p.m.) STAFF PRESENT: Administrator Rafferty, Planner Dillerud, Superintendent M. Bouthilet, and Recording Secretary Schaffel, ALSO PRESENT: Councilmember Conlin. 1. Agenda Add Councilmember Conlin to 1.5, add Recognition of Gloria Knoblach to 3.5, add Trail Plan Prioritization 4.5. M/S/P, T. Bouthilet/R. Larson to accept the Agenda as amended. VOTE: 7:0 1.5 Councilmember Conlin Councilmember Conlin will recognize the Parks Commission and their achievements at the Employee and Volunteer Recognition Banquet on March 10, 2006. She encouraged commissioners to attend and gave a brief overview of how she will highlight their achievements for 2005. 2. Minutes M/S/P, Wagner/T. Bouthilet to accept the Minutes of January 19, 2006 as presented. VOTE: 7:0. . 3. Lake Elmo Art Center (Ramsey Center For Arts), Bob Meyer Mr. Meyer requested permission to add three or four 10 X 3 garden plots at the Art Center. He presented a list of possible garden styles. M/S/P, R. Larson/Watters to request the City Council support the addition of creative gardens at the Lake Elmo Art Center. VOTE: 7:0. 3.5 Recognition of Gloria Knoblach Chairman Schumacher introduced Gloria Knoblach, a former Parks Commissioner and current Community Improvement Commissioner, a founding member of the Friends of Lake Elmo Library, and the individual responsible for getting wells on 31s` Street tested for perfluorochemicals. Chairman Schumacher also recognized the countless hours of volunteerism put in by former Parks Commissioner Susan Dunn. 4. Park Plan Update The Planer said the City Council has recommended acceleration of the Comprehensive Park Plan in order to get a need assessment for community play fields. He said the old Park Plan was developed for a much smaller population than the City now forecasts. A new Park Plan will be necessary to the programming of improvements for parks in Lake Elmo. The Planner recommends amending the CIP from the budgeted $5,000 to $25,000 in order to hire a consultant to do that work. Part way through that plan, the need assessment for community play fields will be determined and that information can be provided to the City Council. The Plainer said that Lake Elmo Parks Commission Meeting Minutes of Feb. 22, 2006 Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council March 6, 2006 Item: 1990 Park Plan U Background Information for March 6, 2006: The 2006 Parks/Trails CIP includes a $5,000 line item for updating of the 1990 City Park PIan. The Park Plan was one element that was not addressed during our 2030 Comprehensive Plan process — since it didn't necessarily have to be addressed from the Met Council perspective. The 2030 Comprehensive Plan that reflects the Met Council/City MOU and will likely become the City's blueprint for the next 25 years, and that blueprint is very different than that which was assumed by the 1990 Park Plan (at least in some geographic areas of the City). The 2006 CIP line item for the Park Plan update was reflective of that fact. Since the approval of the 2006 CEP the City Council has directed the Park Commission to forecast community playfield needs of the City — related to the proposed joint community playfield facility with Oakdale. That needs assessment should be completed within the context of the entire future park system. The assumption with the $5,000 CIP earmark for park planning in 2006 was that most of the work would be completed by staff/commission with only graphics and publication contracted with consultants. Based on our experiences with the early Trail Plan work, we also assumed that the park plan update process would like require most of 2006 to complete — based on available staff time (even with a new Assistant Planner). Even to reach a point where sufficient work is completed to provide the Council with a recommendation regarding the joint facility project would be months in the future. Believing that the Council wants a recommendation regarding the joint project in a more timely manner than the assumed park planning process can provide, staff suggested to the Park Commission on February 22 that they may wish to revise their CIP recommendation for 2006 park planning to increase the appropriation form the Park Dedication Fund from $5,000 to $25,000. This would enable the City to hire a park planning consultant to complete the park planning work on an expedited time Iine (from what can be expected from staff), and permit an earlier determination as to community playfields needs. Formally amending the CIP requires a hearing before the PIanning Commission — yet to be scheduled. This amendment, however, is primarily an operational and financial matter, and staff requests Council direction prior to the formal hearing on the CIP amendment. Should the Council direct staff to proceed as recommended by the Park Commission the Hearing can be conducted concurrently with RFP preparation and solicitation of consultant proposals. The formal CIP amendment and the decision regarding consultant contract would then return to the Council concurrently. Person nsible: Action items: Motion providing direction to staff regarding the 2006 Park Plan update C ty r either 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 ; or, to proceed with the program as assumed by the adopted 2006 CIP. Attachments: Time Allocated: 1. Draft Park Commission Minutes of February 22, 2006 2. Staff memo to Park Commission FT DRAFT Excerpt — February 22, 2006 DRAFT Park Commission Minutes 4. Park Plan Update The Planner said the City Council has recommended acceleration of the Comprehensive Park Plan in order to get a need assessment for community play fields. He said the old Park Plan was developed for a much smaller population than the City now forecasts. A new Park Plan will be necessary to the programming of improvements for parks in Lake Elmo. The Planner recommends amending the CIP from the budgeted $5,000 to $25,000 in order to hire a consultant to do that work. Part way through that plan, the need assessment for community play fields will be determined and that information can be provided to the City Council. The Planner said that the Park Plan will also give the City a strong foundation for determining new Park Dedication Fees. M/S/P, Watters/T. Bouthilet to recommend an amendment to the Capital Improvement Program to increase from $5,000 to $25,000 for the hiring of a consultant to do a Park Plan Update. VOTE: 7:0. =I NMI M® (February 16, 2006 for the Meeting of February 22, 2006) To: Lake Elmo Park Commission From: Chuck Dillerud Subject: 1990 Park Plan Update The 2030 Lake Elmo Comprehensive Plan has finally been found "complete for formal review" by the Metropolitan Council — staff. The Metropolitan Council has 60 days to complete their formal review of the Plan, but may request an additional 60 days to complete that review — and may. Until that review is completed and the metropolitan Council Board has officially acted to allow Lake Elmo to place the Plan "in effect", I do not intend to publish or distribute the Plan. There still may be modifications required by METC and I don't want any inaccurate plans (pre -modification) in circulation. The 2030 Comprehensive Plan as now submitted includes the 1990-2010 Park Plan as a chapter. Since METC only has legislative authority to review local park plans in terms of Regional Trails and Regional Parks our inclusion of a dated local park plan in the mandatory METC Comp Plan submission should not be a "deal killer" for METC approval of the 2030 Comp Plan. That aspect aside, the City/METC Memorandum of Agreement results in a 2030 Comp Plan with very different quantitative forecasts/targets for forthcoming City growth than were assumed with that 1990 City Park Plan. That also means that the 1990 Park Plan needs an update to assure consistency with the 2030 Comp Plan numbers (households/population/demographic characteristics) and to properly address the resulting/differing park/recreation needs. In addition, much of the now - forecasted (mandated?) growth for Lake Elmo through 2030 will be in a form that differs from what was assumed by the 1990 Park Plan. — more "urban" than the historic "ex - urban" in form (at least in some geographic areas). In recognition of these factors, the 2006 Parks/Trails Capital Improvements Program includes a line item for update of the 1990 City Park Plan, The Commission was already anticipating the task. Even though no additional incentive was likely required to undertake the task, the City Council, at its February 14 Workshop (attended by the Park Commission Chair and two other commissioners), provided some. While no official Council action was (or could be) taken on February 14, it was clear that the Council is hesitant to move further on the Oakdale/Lake Elmo Cormnunity Playfield concept without a current/forecasted "needs assessment" related to that functional classification of park. Surely a needs assessment across the entire continuum of park functional classifications will be an important element of the 1990 Park Plan update. That will be one of the very first sub -tasks of the Plan update project. Once that sub -task is completed, the Commission should be able to provide the City Council some of answers they seek regarding the need for and staging of community playfields. The answers regarding how much of that need can be met with present facilities — and, maybe, some of the neighborhood parks would come a bit later in the park planning process. I see the Commission's primary (or even exclusive) task on February 22 to be a recommendation to the City Council as to which of the following strategic options should be adopted by the City regarding the resources to complete the park plan up date: 1. Continue with the 2006 CIP assumption that the staff will complete most of the work with the with Commission guidance. This strategy minimizes the cash cost of the project (essentially limited to $5,000 of contract work for graphics and publishing), but will result in a lengthy time line to complete the project due to limited staff resources — even with a second staff planner budgeted for some time in 2006. 2. Increase the CIP allocation to $25,000 and hire a consulting firm to complete the Park Plan update work. This option increases the cost of the task significantly, but will shorten the production period by half or more. While the additional resources are available in the Park Dedication Fund, an amendment to the CIP would be required along with City Council approval of the change in strategy. The Commission will recall that we faced a similar choice with the Trails Plan. While consultant contracts can be frustrating to manage, I think the Commission ended up malting the right call there. I fear we would other wise still be at the Trails Plan. I strongly suggest to the Commission that, no matter how tempting the instant Oakdale proposal be as a "hot subject", the Commission stay away from discussions of that specific proposal . Those discussions will be a waste of your time and energies at this point., and not go to what the City Council is really asking you to do. . Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council March 6, 2006 Agenda Item: Zoning Variances — Haire (8160 Hill Trail) Background Information for March 6, 2006: The Planning Commission, at its February 13 meeting, adopted a recommendation for approval of this application for nonconforming parcel area and OHW setback variances that would permit construction of a new home (after razing the existing home) on this "old platting" parcel of 34,700 square feet (8/10 acre). The Commission's vote on the recommendation was split 5-4, with the commissioners voting nay (Pelletier, Schneider, Lyzenga, and Chair Helwig) all voicing concern with the scale of the proposed home in relation to the parcel area and the existing neighborhood character. Those concerns relate to the nonconforming parcel area variance. Little concern was voiced regarding the OHW setback variance, probably since the proposed house location would be 15 feet less nonconforming as to OHW setback (but still nonconforming) than the existing house location. This application was received by the City on January 17, 2006. Therefore City compliance with 60 application review requirements mandates that the Council take some action at the March 6, 2006 meeting. The only exception to this mandate will be if the applicant provides the City with a specific written waiver of the 60 day review period. Should the Council decide to instead deny the applications, the findings provided in the Planning Commission recommendation and included in the attached draft Resolution should be modified accordingly. Action items: Person responsible: y Cirty F e Motion to adopt draft Resolution #2006 — approving parcel area and OHW setback variances at 8160 Hill Trail (applicants, Kevin & Gina Haire) per plans staff dated February 9, 2006 based on the Findings and recommendation of the Planning Commission. Attachments: Time Allocated: 1. Draft Resolution #2006 - Approving Variances 2. Approved Planning Commission Minutes of February 13, 2006 3. Planning Staff Report of February 8, 2006 4. Applicants' Documentation and Graphics CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-024 A RESOLUTION APPROVING ZONING VARIANCES FOR KEVIN AND GINA HAIRE LOCATED AT 8160 HILL TRAIL NORTH WHEREAS, Kevin and Gina Haire, 8160 Hill Trail North, has made application for a variance for a nonconforming parcel area and a variance to Section 325.06 Shoreland Standards, Subd. 4. A. Setback from Ordinary High Water Level of Lake Demontreville to construct a new home (after razing the existing home) on a parcel of 34,700 square feet (8/10 acre). WHEREAS, at its February 131h meeting, the Planning Commission reviewed and recommended approval of the variance from the OHW setback standards and minimum parcel area standards of the zoning ordinance at 8160 Hill Trail North, per the plans staff - dated February 9, 2006 based on the following findings: The property cannot be put to reasonable use without the granting of the variances requested. The OHW setback variance is the minimum possible given the unique circumstances of the parcel essentially "fronting" two lakes. The lot area variance responds to this "reasonable use" finding only due to the existence of a habitable dwelling and functioning private wastewater treatment system on this parcel. This Finding would not be applicable were this non -conforming vacant parcel of similar parcel area non -conformity. 2. The variances requested results from circumstances unique to this property prior to the adoption of Shoreland Regulations by the City resulting in OHW setback applicable from two lake frontages, and an existing home/functioning private wastewater treatment system constructed prior to current zoning ordinance/City Code lot area and septic treatment standards; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood. Significant mature trees on the parcel will effectively mitigate the visual impact of increased structure mass of the new house. WHEREAS, at its March 6th meeting, the Lake Elmo City Council reviewed the variance to Shore land OHW setback standards at 8160 Hill Trail and minimum parcel area standards for razing of an existing home and complete construction of a new home, with the proposed home is 52 feet from the OHW mark of Lake Demontreville based on the fuidings of the Planning Staff Report of February 8, 2006 and plans staff dated February 9, 2006, and subject to the following conditions: 1. That the applicant comply with the recommendations of the Valley Branch Watershed District pertaining to silt fencing, erosion control, and rain guttering. 2. The City Forester must be involved in the staking of trees on this lot prior to and during construction. ADOPTED BY THE Lake Elmo City Council the 6th day of March, 2006. Dean Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Resol, Haire Public Hearing: Variance to OHW Setback and Minimum Lot Size Requirements, 8160 Hill Trail N. The Planner explained the application proposes the razing of an existing home and complete construction of a new home on a lot fronting on both Lake Demontreville and Lake Olson, The Planner said the original home does not comply with Shoreland Setback Standards; and, that construction of a new home on this non -conforming parcel is difficult without variances. The proposed home is 52 feet from the OHW mark of Lake Demontreville. He said that legal non- conforming status expires should the existing home be removed. The proposed home is much larger than its neighbors' homes. Positive findings can be made for the variance to shoreland setback, but the new construction on a non -conforming lot by area could establish a problematic precedent with carefully crafted findings addressing specific circumstances.. The Planner advised the Commission that he has worked with the City Attorney on potential findings that could support all of the variances requested, including new construction on a non -conforming lot, as follow: 1. The property can not be put to reasonable use without the granting of the variances requested. The OHW setback variance is the minimum possible given the unique circumstances of the parcel essentially "fronting" two lakes. The lot area variance responds to this "reasonable use" Finding only due to the existence of a habitable dwelling and functioning private wastewater treatment system on this parcel. This Finding would not be applicable were this non -conforming vacant parcel of similar parcel area non- conformity. 2. The variances requested result from circumstances unique to this property platted prior to the adoption of Shoreland Regulations by the City resulting in OHW setback applicable from two lake frontages, and an existing home/functioning private wastewater treatment system constructed prior to current zoning ordinance/City Code lot area and septic treatment standards; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood. Significant mature trees on the parcel will effectively mitigate the visual impact of increased structure mass of the new house. Based on those findings, the Planner recommends approval subject to the following conditions: 1. Compliance with VBWD recommendations pertaining to silt fencing, erosion control, and rain guttering. 2. The City Forester must be involved in the staking of trees on this lot prior to and during construction. Commissioner Schneider asked how tall the house will be from the lake. The Planner said he thinks about 30 to 35 from the adjoining ground level plus the elevation difference from ground near the house and the lake elevation — several more feet. Commissioner Fliflet asked if the chance of saving the trees is good. The Planner said the new house is a little bit farther from the lake but in an entirely new area on the parcel that will improve the odds on saving the trees. He also noted that the City Forester could participate in reviewing tree protection measures during construction Commissioner Ptacek asked about the backup septic system. The planner reported that there is enough room to enlarge the drain field site adjacent to the existing drain field if they need to in the future. Commissioner Pelletier asked who would verify silt would not go into the lake. The Planner said the Building Official monitors erosion control during construction. Commissioner Lyzenga asked the rationale for 1.5 acre minimum in the R-1 Zoning District. The Planner said it was before his time with the City and he is not aware Of the exact rationale Commissioner Ptacek said the rationale was room for primary and backup traditional septic systems. Commissioner Armstrong said the reason was concern for the environment. The mid 1980's failure of numerous septic systems and the resulting 201 Septic System Program had a great deal to do with the lot area zoning, especially on lake lots. The City did not want to repeat a 201 program in the future. Chairman Helwig asked if the existing 201 Mound System on this lot meets current standards. The Planner said he does not know. Todd Ganz, Merit Custom Homes representing The Haire Family Mr. Ganz said that all the trees are at least 25 feet from the new house location. Chairman Helwig asked what about footings in relation to the trees.. Mr. Ganz said the plan puts the footings about 23 feet from the trees and they will be happy to work with the City Forester regarding tree protection measures.. The proposed house is 28 feet tall from 934 elevation to the highest peak. He said the existing 1200 gallon dual compartment tank will be replaced with a new dual tank treating 1600 gallons. The mound has been tested by Barry Brown and the future system would be next to and south of the existing septic system. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:30 P.M. Nobody came forward to speak. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:31 P.M. Commissioner Ptacek said he has no problem with the proposed OHW setback because it is further from the lake than the existing house. He said he does have a problem continuing to grant variances without the new zoning for Neighborhood Conservation Districts. He supports the OHW variance but does not feel comfortable with the minimum lot size variance. Commissioner Deziel said this lot is almost nine -tenths of an acre. He asked if we should force people who live on lakeshore to live in shanties. He complimented the applicant for locating the house behind the trees instead of a more exposed location. He encouraged them to make the house as dark a color as possible to decrease visibility from the lake. Commissioner Armstrong said he is concerned that the plan says three bedrooms, but that plan shows an unheated storage room and a family room that could be converted to bedrooms. This is more accurately a four bedroom home on a mound system that cannot handle it. He wants to be sure this septic system will be sufficient. He believes we should look at a square footage equation instead of a bedroom count for future variances. M/S/P, Armstrong/Fliflet, To recommend approval based on three findings in the staff report and three conditions to include that staff and the City engineer review applicable Code to insure that the septic system is up to date. PASSED: 5:4 passed. Nay: Pelletier, Schneider, Lyzenga, Helwig. Commissioner Pelletier asked for staff and the applicant to watch to prevent erosion into the lake. The Planner said there are scores of lots like this one. Presumably these findings are specific enough to this lot. Commissioner Schneider said this is a very large house on a non -conforming lot on two lakes. Commissioner Lyzenga said she looks at the plans as a five bedroom home. She is not convinced the scale of the home is supported by this lot. It is disproportionately out of scale. HAIRE AMENDED STAFF FINDINGS — FEBRUARY 13, 2006 1. The property can not be put to reasonable use without the granting of the variances requested. The OHW setback variance is the minimum possible given the unique circumstances of the parcel essentially "fronting" two lakes. The lot area variance responds to this "reasonable use" Finding only due to the existence of a habitable dwelling and functioning private wastewater treatment system on this parcel. This Finding would not be applicable were this non -conforming vacant parcel of similar parcel area non -conformity. 2. The variances requested result from circumstances unique to this property platted prior to the adoption of Shoreland Regulations by the City resulting in OHW setback applicable from two lake frontages, and an existing home/functioning private wastewater treatment system constructed prior to current zoning ordinance/City Code lot area and septic treatment standards; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood. Significant mature trees on the parcel will effectively mitigate the visual impact of increased structure mass of the new house. LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: February 8, 2006 for the Meeting of February 13, 2006 Applicant: Kevin & Gina Haire Location: 8160 Hill Trail Requested Action: Shoreland Overlay District Variances Iand Use Plan Guiding: SRD Existing Zoning: R-1 (Subject to Shoreland Overlay) Site History and Existing Conditions: The Washington County.Assessor records reveal that this 34,700 square foot parcel contains a 1,267 square foot split entry house (1,056 square foot print) constructed in 1930. City records for this parcel date back to 1971 and reveal only the customary septic and HVAC upgrades expected with a house of this age. The site slopes gradually east (Lake Demontreville) and west (Hill Trail and Olson Lake) from a high point of 940 at the north center of the parcel to 931 at Hill Trail, 933 at the south property line, and 930 at Lake Demontreville. The existing house is situated approximately 37 feet from the Lake Demontreville OHW; and the septic drain field (single site 201) is well outside the 75 foot septic setback on the north extremity of the parcel. There is a detached storage shed, but no garage on the site. Discussion and Analysis: The applicant proposes to raze the existing residence and construct a new residence reported to be designed as 4,239 square feet with a 3,742 square foot footprint (including attached 2 car garage). An existing 70 square foot storage shed is proposed to be retained on the site. While the proposed total site coverage percentage (including drive) will exceed one Shoreland maximum (15%), the total impervious square feet will remain less than the other (6,000 square feet) maximum. The ordinance specifies the greater of the two standards as applicable. Therefore, though extensive, the proposed impervious does comply with the Shoreland standards, but little more impervious can be added on the site in the future. The new house is proposed to be located a minimum of 52 feet from the OHW — set back 15 feet further than the existing house, but still well within the 100 foot OHW set back. The proposed location would place the house at or behind a line drawn between the houses north and south and parallel to the OHW; and, (as noted by the applicant) the proposed location would also retain several mature Oak trees within the OHW set back. The applicant's variance request is similar in circumstances and claimed hardship to several variances approved by the City in recent years where mid-20`h Century lakeside houses/cabins originally constructed prior to Shoreland standards are proposed to be brought up to 21" Century standards resulting in conflict with those standards.. In some cases these have been garage additions and some cases they have been home additions. In this case a completely new house and garage are proposed., thereby creating a zoning issue regarding construction on a non -conforming (by area) lot. As noted above, the subject parcel is made up of several "shotgun" lots is reported to be 34,700 square in area. The required lot area in the R-1 zone (and Shoreland Overlay R-1) is 1.5 acres — 65,340 square feet, but as a "parcel of record" prior to 1980, the parcel would qualify for a dwelling if it were at least 1 acre (43,560 square feet). The subject parcel fails to meet either standard, and a variance for lot area would be required to permit construction of a new house once the existing house (and legal non -conformity) is removed. This lot area variance proposal could become far more of an issue for the City than the OHW set back variances we process on a regular basis in these neighborhoods that pre-exist the Shoreland standards. Within the R-1 zoned areas of the City, including the Tri-Lakes, Old Village and other neighborhood in the western half of the City there are numerous parcels of record that are not legally buildable as now vacant. There are numerous other non -conforming parcels that would become candidates for tear downs and new houses using a variance in this case as a precedent. By the approval of this application to build.a totally new house on a legally sub -standard parcel — by any measure, Shoreland or R-1 — the City will be essentially re -writing the zoning ordinance. The Commission and City Council should address this proposal with "eyes open" as to the precedent consequences. While there is on -going discussion of a Neighborhood Conservation zoning district that may address this non -conformity issue, that discussion remains months away from conclusions and new code. This variance (lot area) is not an appropriate way to short circuit the new zoning ordinance. In each of the prior similar cases the City addressed a Finding as to whether the applicant's proposed improvements/expansion constituted a "reasonable use" of the site given contemporary housing design/features and the scale of the resulting structures in relation to other contemporary structures on the subject lakefront and/or neighborhood. In some cases the City required modifications to applicant plans to reduce scale and/or mitigate lakefront impact of the expansion. In at least one recent case the City denied the variance based on scale,. and the Court upheld the City's decision at subsequent litigation by the applicant. As staff has done with recent 01-IW variance proposals, we have reviewed Washington County records regarding the scale/lake impact of existing homes that are in close proximity to the subject. In this case we have surveyed the existing homes 4 parcels north (one parcel is a vacant 20,000 square foot lot) and 3 parcels south. The north parcels (including the Frazzone parcel, for which an OHW set back variance was recently approved) present structure foot prints (including the approved additions in the Frazzone case) ranging from 830 square feet to 3,000 square feet and finished areas of 830 square feet to 3,400 square feet. The south neighboring parcels range 948 square feet to 1,288 square feet of foot print and 2,686 to 3,592 square feet of finished area. As noted above, the applicant's proposal is for 3,742 square feet of structure coverage and 4,239 square feet "finished" — in both cases larger than neighboring properties. In previous cases where significant increases in house scale (and resulting out of proportion house scale compared to neighboring properties) have been proposed one mitigating factor has been the extent and scale of forestry between the proposed house and the lake. In this case the applicant has demonstrated a significant growth of mature trees that would be saved that would work to mitigate the impact of the larger structure as viewed from the lake. Minnesota DNR and the Valley Branch Watershed have been asked to comment on the application. Valley Branch has responded by a letter of February 1 with no objections to the variances, but with several recommendations regarding erosion control and run-off mitigation. No response has been received from DNR as of this writing. Findings and Recommendations: The requested variance regarding OHW setback appears to respond favorably to the required variance findings — if structure scale is considered to be mitigated by the existing forestry on the site. A reduction in the degree of OHW encroachment represented by the proposed structure from that existing with the house to be razed along with conformity with the averaged setbacks of the adjoining structures appears to support OHW setback variance approval. Moving the structure further west on the site by as little as 10 feet will place it in the OHW setback of Olson Lake to the west — a unique physical circumstance. The concern of staff regarding this application goes to the construction of a new residence on a parcel clearly non -conforming by area — the second variance. The City-wide ramifications of approval of this variance will be significant without Findings that are carefully structured to overcome precedent that would undermine the zoning ordinance. Staff continues to work with the City Attorney toward properly worded findings regarding the parcel area variance. We are publishing this staff report pending those findings to enable timely completion of the February 13 Commission packet. With respect to the OHW setback variance only, we suggest the following findings: 1. The property can not be put to reasonable use without the granting of the variance requested. The variance is the minimum possible given the unique circumstances of the parcel essentially "fronting" two lakes. 2. The variance requested results from circumstances unique to this property platted prior to the adoption of Shoreland Regulations by the City resulting in OHW setback applicable from two lake frontages; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood. We therefore recommend approval of the OHW setback variance only (at this time) upon the following conditions: 1. Compliance with the Valley Branch Watershed District recommendations regarding silt fence erosion control and installation of rain gutters directed away from Lake Demontreville. 2. Compliance with any recommendations of the City Forester regarding protection of the existing forestry on the site during construction Staff will report to the Commission on February 13 regarding recommendations and findings regarding the non -conforming lot area variance. Planning Commission Actions Requested: Motions for recommendation to the City Council regarding the OHW setback and non -conforming lot area variances requested to enable construction of a new residence at 8160 Hill Trail North based on the findings presented and conditions recommended by City Staff per plans staff -dated February 9, 2006. i° Ch 's 1 rud, City Planner Attachments: 1. Location Map 2. Valley Branch Letter of February 1, 2006 3. Applicant's Documentation and Graphics 03A.- �'., REIW now R19W %% sx� 1.� nvan2N �✓%, W �/tl'OIN 9 'DON IOVUUiIan[ TfON um 129M /SA% / 01\ nw / /9 j*6 egg '/510%-��✓'/Q{y .0 \�.\ 1g9 / i"h..: T2TN 12N ��g0s \,✓ y9\ ' .� /�/ g\0 NRW m1W RZEW - m� /\ It gs� %1 Vicinity Map \\ \ram Bp\0600 p�4oy\ 05y O�Or FOA - bj 04 V t Wrv^/ bi vfitlf/ 1/^ ' ✓ B4y 1.� ay% saj� tat f NA r MN. 4'Is i y^ 0 145 Scale in Feet cH Dac. naveeT \. /'' 03e - / � BjNq Bxp 6J-4 C 21 �6=8 ! B86 �7 0�22 ., 6— -----^ e4 r - B2� H DTE P RTEL6ARE WAT ER ER PEP /`-- _B24 6=6 '1- -`6-2 UND_ 9+W AERIALPHOTO r P26 fis? pslr - 56'_ r B2B $a,'t 568 6B8 Y7-28 66_��B 51, } I 830 �y-� 6>6 � 831 i 671 882 56�`-6>4 ,LSON LAKE r - 19" 6" 1 I MINNONR D!V OF WATERS hs o PROTECTED WATERS AREA 82403 P r 1 ` ,�`.\ '... gaoozl maerem�aM1uo nwnalawmpauon i,m fladammremmauu.y 1 O awy M\'.now w:mMmao coomvemre:. ldr¢ .M m¢�anw¢eam�remmu pu�gw¢any. WUM1FpIon CouMyb fM ..` Location Map W W \9\ %w.w¢aronc szre.yw¢omz.. 8 vo $. P¢ 1 data m¢moo AWGinfannmo¢ < � � }� � y � � � � � � � � . \ \ \ � � � � � � � � � 1� � \....:� 2` »�� %<» �©�^��w � 2§� � � . � � .� � » February 1, 2006 Mr. Chuck Dillerud City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: 8160 Hill Trail North, Lake Elmo Dear Mr. Dillerud: Thank you for submitting the request for a variance from the Ordinary High Water level setback from Lake DeMontreville at 8160 Hill Trail North. The project appears to involve tearing down the existing, home and constructing a new home, driveway, and septic system. Based on the information that was submitted, it appears that a Valley Branch Watershed District permit is not required for the work. It appears that less than 6,000 square feet of new impervious surfaces will be created, less than an acre of land will be disturbed, and no work will occur below the 100-year flood level of Lake DeMontreville (Elevation 931.5). The proposed lowest floor is noted on the plans as Elevation 934.0, which is more than two feet above the 100-year flood level of Lake DeMontreville and in conformance to the Valley Branch Watershed District rules. The plans show silt fence around the perimeter of the area to be disturbed. While this perimeter fencing will define the construction limits, silt fence should try to follow the ground contours so that runoff doesn't flow next to the fence to a low point and then break through or undermine the silt fence. To prevent this type of erosion control failure, the silt fence on the lake side should be installed to better follow the contours or an additional row of silt fence that follows the contours should be installed. Temporary rock checks or bio-rolls might need to be installed at the areas of concentrated flow to prevent sediment from leaving the site. All erosion controls should be installed prior to any earthwork activities, and the site should be re -vegetated as soon as possible. The silt fence should not be removed until the site is re -vegetated. If possible, gutters should be installed.on the house to direct all roof runoff to the front of the lot. A rainwater garden could be constructed at the southwest corner of the site by expanding the existing low area and planting vegetation that will encourage infiltration. If you have any questions, please contact me at 952-832-2622. Sincerely, JoEn P. Hanson, P.E. BARR ENGINEERING COMPANY Engineers for the District c: David Bucheck, VBWD Vice President (via e-mail) Gena Haire, property owner LINCOLN FETCHER DAVID BUCHECK DONALD SCHEEL DALE BORASH DUANEJOHNSON VALLEY BRANCH WATERSHED DISTRICT www.vbwdxrg P.O. BOX 838 LAKE ELMO, MINNESOTA 55042.0538 Merit Custom Homes, Inc. 21471 Ulysses Street NE, #2 East Bethel, MN 55011 (763)434-1500 (763) 434-6416 fax January 26, 2006 Planning Commission City of Lake Elmo 3800 Laverne Avenue N Lake Elmo, MN 55042 Re: Variance at 8160 Hill Trail N Dear Planning Commission: Merit Custom Homes, Inc. (builder) is requesting a variance for the property at 8160 Hill Trail N for the following reasons: Setback requirement from the normal high water level on Lake Demontreville is 100 feet, we are asking for a variance of 52 feet. Our proposed location for the new structure is 48 feet. The existing structure on the property is currently 37 feet from the normal high water level. We will be moving the new structure back an additional 11 feet from where the existing home sits, and the patio shown extending off the great room towards the lake will be moved to the south side, off the master bedroom. By moving the future structure back and jogging the lake side of the home back away from the shoreline we preserve numerous mature oak trees and do not disturb any of the shoreline vegetation or the view from the lake towards the new home. There are two hardships associated with this property: 1. There is Black Mold Infestation of the existing foundation. (see enclosed photos) Due to the severity of the infestation and the expense to clean up with no guarantees that the mold will not return, the fee owner has decided not to use the existing foundation for the remodel that they had initially designed fort his property. City of Lake Elmo Page 2 2. The limitation to move the structure back towards the road because of the area required for the future septic system. Merit Custom Homes has been contracted to build/remodel and represent the Haire family for this project, which includes variance submittals and meetings. The Harie family has redesigned the home several times in order to abide by the rules of setback and also the preservation of the lake views, from the lake and also to the lake. Merit Custom Homes has had preliminary conversations with Travis Germundson for the Minnesota DNR and John Hanson from the watershed district. They have also been sent pictures of the site and sketch plans of the location of the new house. Both had favorable comments about the site and what was planned for the improvement. Neither of them ha; seen the current survey which was submitted with this application. In reference to the existing septic, it is currently in compliance for a three bedroom home and will be used for the new structure, which will also be a three bedroom home. The septic compliance and design was done by Barry Brown. As you can see on the survey the future septic locations is next to the existing septic. Soil borings for the future septic were done on the south side of the driveway and the mottled soils were too high in elevation to support a future septic system in that location. Merit Custom Homes, Inc. odd�'"i%e-fit" D. Ganz President enclosures z O A T m r m Y 0 z i Kimberly Schaffel From: Travis Germundson[travis.germundson@dnr.state.mn.us] Sent: Friday, February 10, 2006 11:51 AM To: Kimberly Schaffel Subject: 8160 Hill Trail N It appears to be a reasonable request. One consideration would be to require additional screening particularly from Olson Lake, as compensation fortheincrease in the building footprint and impervious surface coverage. 1 Mko Sift v. San \ \ p A j3 �� N4 e� 3� gTY� ykm _ i Z n gi11E5 �n s Sys YNHO �z 3 g H E> P til 1 � � 1+Y" # �� I+ ,e"-0s` � .i, A. �y`"t ..Tt `e>•4, YY a � r Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9C City Council March 6, 2006 Agenda Item: Ordinance Relating to Private Wells/Resolution Declaring Potential Hazard Background Information for March 6, 2006: The Minnesota Department of Health has advised the City that insuring the absolute containment of the PFOA/PFOS that has been detected in some Lake Elmo wells requires abandonment and sealing of all private wells within the area of the City where those chemicals have been detected in some wells, and may appear later in the others. While there may not be conclusive evidence at this point that those chemicals are a public health risk, there is sufficient concern by the Minnesota Health Department that there may be such a risk that it is unwise for the City to allow water from wells with present detections or those that are in proximity that may have future detections to be used for any purpose — including lawn/garden irrigation and similar non -drinking water applications. To that end the City Attorney has drafted an ordinance that requires the sealing of any well in the City which has been declared a health hazard by resolution of the City Council; and, a Resolution that declares all private wells within the West Central Lake Elmo Area (WCLE), as defined by the Minnesota Department of Health, to be a known or potential health hazard, and ordering that all such wells be sealed upon the availability of a City water system. Person. responsible: Action items: C- 6 �In'er/City 1. Motion to adopt Ordinance #97 — Relating to private wells Ci Adnunistrator/City 2. Motion to adopt Resolution #2006eclaring the WCLE Attorney area wells to be a potential health hazard and ordering said wells to be sealed Attachments: Time Allocated: 1. Draft Ordinance #97 — Relating to Private Wells 2. Draft Resolution #2006 — Declaration & Order cis DRAFT CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE N0. q, _ I G6 AN ORDINANCE RELATING TO PRIVATE WELLS The Lake Elmo City Council hereby ordains that Section 600.21 of the Lake Elmo City Code is hereby amended to read and that Section 600.21A. and B. are hereby added to the Lake Elmo City to read as follows: 600.21 Private Wells. A. Dual Water System. Except as provided in Section 600.21.B., a private well may be maintained and continued in use after connections made to the City water system, provided that there is no means of cross connection between the private well and the City water supply at any time. Hose bibs that will enable the cross connection of the two (2) systems are prohibited on internal piping of the well supply system. Threads of the boiler drain of the well volume tank shall be removed or the boiler drain hose bib replaced with a sick faucet. Outside hose bibs will not be installed on the municipal water system where dual water systems are in use. B. Sealing of Well Required. A private well which has been declared a health hazard by resolution of the City Council shall be sealed pursuant to the regulations of the Minnesota Department of Health. ADOPTION DATE: Passed by the Lake Elmo City Council on the _ day of , 2006. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: 2006 CITY OF LAKE ELMO 0 ATTEST Martin Rafferty Its: City Administrator Dean Johnston Its: Mayor PUBLICATION DATE: This Ordinance was published in the on the _ day of 2006. FAusers\JanlceVerry\LETrlvate Wells Ordlnance.doc 2 DRAFT CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. Q006 _. C) aS A RESOLUTION RELATING TO PRIVATE WELLS IN THE WEST CENTRAL LAKE ELMO AREA WHEREAS, the Minnesota Pollution Control Agency, in conjunction with the Minnesota Department of Health, has taken water samples from approximately 239 private residential wells in the west central portion of the City of Lake Elmo (the "WCLE Area"); and WHEREAS, the private well water sampling in the WCLE Area indicates that the following perfluorochemicals ("PFCs") are present in some of the private wells: A. Perfluorooctane sulfate ("PFOS") and perfluorooctanic acid ("PFOW) have been detected in nineteen (19) private residential wells at levels in excess of the health base values ("HBVs") set by the Minnesota Department of Health; and B. PFOS and PFOA has been detected in sixty four (64) residential wells at levels that do not yet exceed the HBVs set by the Minnesota Department of Health; and WHEREAS, the Minnesota Pollution Control Agency reports that, based upon animal studies, concentrations of PFOS have been shown to adversely affect liver and other organs; high concentrations of PFOA over a long period of time may also cause cancer in animals (still under review); and that developmental affects have been seen the offspring of rats exposed to PFCs; and WHEREAS, the WCLE Area lies easterly of the nearby Oakdale 3M Landfill (a Superfund Site) and lies southerly and westerly of the Washington County Landfill (a closed landfill program site); and WHEREAS, all of the private residential wells in the WCLE Area draw water from the same aquifers; and WHEREAS, the Minnesota Department of Health has determined that the sealing of the private wells within the WCLE Area will: A. Remove the need to monitor multiple private wells whose future uses are unclear. B. Prevent the further spread of PFCs in or between the affected aquifers from poorly constructed or failing wells. C. Remove pumping of numerous wells as one of the complicating factors in predicting ground water flow from the Washington County Landfill and also predicting movement of the contaminates. D. Stop the movement of PFCs from the ground water into the environment (PFCs do not volatilize, so any PFCs pumped from a private well will be reintroduced into the soil and ultimately back into the ground water). E. Minimize minor human exposures through other pathways (soil gardening, swimming pools) from using contaminated water, even water with PFCs below health based value levels). F. Prevent the possibility of future cross connection and contamination of public water supply from do it yourself plumbers. G. Eliminate the cost to the homeowner of maintaining and operating and ultimately sealing their well. H. Eliminate liability concerns at the time of future property transfer. WHEREAS, the WCLE Area will soon be part of an expanded formal Special Well Construction Area which may require, under statute, that the existence of the well be disclosed at property transfer; and WHEREAS, the sealing of some, but not all of the wells, in the WCLE Area will increase the likelihood of contamination in the unsealed wells; and WHEREAS, the City of Lake Elmo has obtained a 3M community grant which will allow the City to extend the City water service to serve the WCLE Area and to connect the 2 parcels within the WCLE Area to the City water system (the "Water Improvement Project") without the necessity of specially assessing Water Improvement Project costs to the parcels within the WCLE Area; and WHEREAS, the City has adopted Resolution No. _ approving the Water Improvement Project for construction during the 2006 calendar year. NOW, THEREFORE, be it resolved that the Lake Elmo City Council hereby declares that all private wells within the WCLE Area, as identified on Exhibit A attached, are a known or potential health hazard and directs that, upon the availability of a City water system, such private wells shall be sealed in compliance with the regulations of the Minnesota Department of Health and that the private dwellings within the WCLE Area shall be connected to the City water system. Approved by the City of Lake Elmo on the _ day of 2006. ATTEST: Martin Rafferty Its: City Administrator F:\users\JanlCeVerry\LETrlvate Wells ResolutlonAm CITY OF LAKE ELMO 3 Dean Johnston Its: Mayor