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Home My WebLink AboutNovember 21, 2006 CCPY/ �F Mayor: Lake Elmo City Council Dean Johnston 38001Laverne Avenue No, Council members: .. -v A �T Rita Conlin 1 V ESA 1 , Lake Elmo, M 9615 42 Steve DeLnpp (fax) Anne NOVEMBER 21 2006 Anne Smith PIease read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. 6:00 P.M. — Workshop with Village Master Planners Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2, Minutes: November 8; 2006 3, PUBLIC INQUIRIES/INFORMATIONAL: Public inquiries/Informational is an opportunity for citizens to bring the Cduncil's attention any items not currently on the agenda. In addressing the A. PUBLIC INFORMATIONAL: Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for 4. CONSENT AGENDA: 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 A. Resolution No. 2006-123:Approving Council prior to the meeting or as bench copies, to allow a more timely Claims presentation. B. Monthly Operating Report C. Charitable Gambling License for Maplewood Oakdale Lion Club; Resolution No. 2006-126 D. Accept Resignation from Nicole Parks, Community Improvement Commission E. Pavement Management Authorization F. Partial Payment No. 1; Valley Paving, 2006 Overlays; Resolution No. 2006-129 G. Escrow Reduction for St. Croix's Sanctuary 5,FINANCE: Tom Bouthilet ... &— 2007 201-1-Capital Improvements - Program; Resolution No. 2006-124 Lalce Elmo City Council Agenda November 21, 2006 Pa e 2 B. Public Hearing: Assessment for Proposed Unpaid Municipal Utilities; Resolution No. 2006-125 6. NEW BUSINESS: 7. MAINTENANCE/PARI{/P'IRE/BUILDING: A. S. CITY ENGINEER'S REPORT: A, Award Bids for Well Sealing; Contract A and Contract B; Resolution Nos, 2006-127, 128 B. Sanitary Sewer Study for Old Village C. Verbal Update on Water Tower Warranty 9. PLANNING LAND USE & ZONING: C. Dillerud A. Bergman Minor Subdivision; Resolution No.2006-130 B. Final Plat Farms of Lake Elmo 2nd Addition; Resolution No. 2006-131 C. Final Plat St. Croix Sanctuary 2"" Addition; Resolution No. 2006-132 10. CITY ATTORNEY'S REPORT: A. Opinion on Ladder Trucks Going out for Bids B. Project Director Agreement Modified — verbal 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL BUSINESS AND REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith TNT Hearing: Monday, December 4, 2006, 7:00 p.m., City Hall DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING NOVEMBER 8, 2006 1. AGENDA 2. MINUTES: October 17, 2006 3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. PUBLIC INFORMATIONAL: 1. Resolution No. 2006-113: Canvas Local Election Results 2, City Administrator Profile (Priorities and Salary) — Jim Brimeyer B. PUBLIC INQUIRIRES: 4. CONSENT AGENDA: A. Resolution No.2006-114: B. Resolution No. 2006-115: C. Resolution No, 2006-116: Elevated Storage Tank No. 2 D. Escrow Reduction: HOA 2°d E. Resolution No. 2006-117- W 6, 7. F. Escrow Reduction: FINANCE: None NEW BUSINESS: Non MAINTENANCE/PAR] A. Maintenance Dept.: 1. Purchase of Truck B. C. Credit Parks Dept: 1. Accept Resit Building Dept.: 1. October Buil 2. 3. Update," D. Fire Dept.: 2. 3. Appoint Safe' Resolution No. Ladder Trucks Approve Claims Partial Payment No. 4 to Pq Partial Payment No. 8 to C) Elected John Heroff Inc.; Property, Development Agreement, Letter of ,r (verbal) 122: Adoption of County Mitigation Plan 4. Pumper Tanker S. CITY ENGINEER'S REPORT: A. Public Hearing: Proposed Assessments for Phase IV Water Interconnect Project — Walter Pechan, Don Tauer; Resolution 2006-118: Adopting Assessments B. Right -of -Entry Update — Resolution No. 2006-121: Directing Abatement Action C. Resolution No. 2006-119: Award Bid for SCADA Systems to TPC D. Status of Warranty with CB & I Constructors, Inc 9. PLANNING, LAND USE & ZONING: A. -Resolution No; 2006-120: -Permitting-Garage in Front of Primary Structure — Otteson LAKE ELMO CITY COUNCIL November 8, 2006 DRAFT B. Ordinance No. 97-186: Legal Opinion/Zoning Amendment Allowing Seasonal Sales in the RR Zoning District C. Administrative Appeal Hearing: Ziertman — Seasonal Sales in RR Zoning District D. Administrative Appeal Hearing: Bittersweet Farm — Seasonal Sales in RR Zoning District 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: 12. PERSONNEL: A. Performance Evaluation Request of the Assistant City Administrator 13. CITY COUNCIL BUSINESS AND REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith �y LAKE ELMO CITY COUNCIL November 8, 2006 F DRAFT Mayor Johnston called the meeting to order at 7:00 p,m* in the Council Chambers, COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson, Smith. STAFF PRESENT: City Planner Dillerud, Building Official McNamara, Finance Director Tom Bouthilet, Public Works/Parks Superintendent Mike Bouthilet, City Attorney Filla, City Engineer Prew, City Clerk Lumby, and Recording Secretary Luczak. Pledge of Allegiance: J. AGENDA: Additions: 8D: Status of Warranty with CB & I Constructors, Inc.; 12: PERSONNEL, A: Performance Evaluation Request of Chuck Dillerud, Assistant City Administrator, Changes: Renumber City Council Business and Reports to Item 13. M/S/P Johnson/Smith — to approve the November 8, 2006, City Council Agenda as amended. (Motion passed 5-0) 2. MINUTES: r A M/S/P Smith/Conlin — to approve the October 17, 2006, City Counc 1 Minutes as amended. (Motion approved 3-0:2 Johnson and QGL� pp Abstained as they did not attend the meeting) v , 3. PUBLIC IN mRESINFORMAATLQL; cInoA. Publiona: ., 1: Resolution No. 2006-113, CanvasiLo al;Election \Results M/S/P Johnson/Smith to adopt Res©lution Vo,006-113, a Resolution Canvassing Returns and Declaring Dean A:' Johnst n eleAz� as Mayor for a 2-year term and Steve DeLapp and Nicole Park elted as Cpuhcrl Members for 4-year terms by a majority of the votes cast in this race int Cyof Lako Elmo. (Motion passed 5-0) 2. Cit Admihistratoryprofilea' Priorities and Salar —Jim Brime er The Assistant "" Administrator provided the Council the modified Administrator Profile and the pt�gposed time schedule_ Jim Brimeyer, The Br Administrator Profile. Inc,, requested Council input for the proposed Council discussed modifying the priorities, arrange the time schedule and agree on the pay range, In order to get quality candidates, with 10 or more years of experience, the Pay must be competitive, Jim Brimeyer will provide Council, via email, the modified Administrator Profile by Thursday, November 9, 2006, with any corrections to be returned to him by Monday, November 13, 2006. M/S/P Smith/Johnson -- to approve the City Administrator Profile as amended, and the City Administrator search schedule per Council discussion. (Motion passed 5-0) LAKE ELMO CITY COUNCIL November 8, 2006 DRAFT B. Public Inquiries• None 4. CONSENT AGENDA: A. Resolution No, 2006-114• Approve Claims M/S/P Johnson/DeLapp — to approve Resolution No. 2006-114, approving Claim Numbers 356, 357, DD948 through DD959, 29883 through 29894, were used for Staff Payroll dated October 26, 2006; 358, 29895 through 29852, in the total amount of $1,625,995.55 are hereby approved. (Motion passed 5-0) B. Resolution No. 2006-115: Partial Pa ment No. 4 to Park Construction M/S/P Johnson/DeLapp— to adopt Resolution No. 2006-115, approving Partial Payment No. 4, to Park Construction Co. for Tablyn Park/Lake Elmo Heights Water Main, in the amount of$1,003,797.97, verified by the City Engineer. (Motion passed 5-0) C. Resolution No. 2006-116• Partial Payment Storage Tank No 2 M/S/P Johnson/DeLapp — to adopt Resolution No. No. 8, to CB & I Constructors, Inc., for constructii in the amount of $79,138.80, verified by the City l D. Escrow Reduction: HOA 2nd Addition M/S/P Johnson/DeLapp — to approve Esc; o $319,062.50 to $48,750,00, as presented ittlth November 1, 2006. (Motion passed 5-0) '.,-- E. Resolution No. 2006- The Finance Director repo "municipal officers elected i be employees for worke c ordinance or resolution to th injured while p9fforming his M/S/P Johnson/Def,app — to Workers' Compensation Cm Partial Payment ,age Tank No. 2, sed 5-0) HOA 2"d Addition from is Memo dated Tta Statute 176.001 subd. 9, (5) provided that or ,regular term of office," are considered to purposes only if the City has passed an s would provide coverage for elected officials Resolution No. 2006-117, a Resolution regarding for Elected Officials. (Motion passed 5-0) F. Escrow Reduction. St Croix Farms LLC (Tapestry) City Engineer Prew requested an Escrow Reduction for St. Croix Farms, LLC (Tapestry) from $2,530,287.50 to $16,250.00, as presented in his Memo dated November 1, 2006. M/S/P Johnson/DeLapp — to approve Escrow Reduction for St. Croix Farms, LLC (Tapestry) from $2,530,287.50 to $16,250.00, as presented in the City Engineer's Memo dated November 1, 2006. (Motion passed 5-0) 5. FINANCE: None 6. NEW BUSINESS: None LAKE ELMO CITY COUNCIL November 8, 2006 0 DRAFT 7. MAINTENANCE/PARK/FIREBUILDING• A. Maintenance Dept.: 1. Purchase of Truck Lifts for Public Works The Public Works Supt. recommends the purchase of a new set of truck lifts. The new "demo" model, with an extended warranty and a price reduction off the State contract of $800.00, was scheduled for the new Public Works garage and has met the City's criteria. These were proposed to be purchased by the City for $30,000 to $50,000. Council discussed if the City already had one, the need for the lifts, and if the City would contract out to other cities. Insurance would then also be required. The Public Works Supt. stated that 90% of the lifts are used by MnDOT. Training would also be required for the new equipment. M/S/P Smith/DeLapp — to authorize the purchase of the truck lift"and accessories off the State Contract from Carney Sales Co., in the amount of $231732. (Motion passed 5-0) B. Parks Dent.: 1. Accent Resignation from Park Commissi The Assistant City Planner informed the Council Resignation from John Heroff, who has served on Judith Blackford, 1st Alternate Member c Full Voting Member position vacated by Alternate Member. w y has received a Letter of Commission since 1998. iiRsion, can now step into the I ove John Booher, to 1st M/S/P Johnson/Smith to,ac�dlept the r sgnahon of John Heroff from the Parks Commission, appoint Judith F3laekfor as Hull Voting Member of the Parks Commission for a term of three years. and rnn.'e John Booker to 1st Alternate Member of the Parks Commission. (Moti Ipassed 5 l Council directed" Staff to advertise the vacancy on the Parks Commission. C. Building Dept 4% 1. Monthly Construction Renort Building Official McNamara reported that new residential construction has continued its slow pace through the month of October. 2. Update on Hardy House Moving Building Official McNamara reported that Ms. Hardy had signed the Site Development Agreement and the new Letter of Credit had been issued. The first deadline is December 1, 2006. The footings and foundation are completed, and stated the house should be on the new foundation by December 1, 2006, 3. Update on-8475 Hidden Bay Trail The Building Official stated that the property at 8475 Hidden Bay Trail presents a health and safety hazard. The house is deteriorating and appears abandoned. The City Attorney LAKE ELMO CITY COUNCIL November 8, 2006 DRAFT reported that this item will be back on the court calendar, but has not been given a date yet. D. Fire Dent: 1. Safety Officer Appointment District Chief Pepin requested Council approval to appoint Chris Howard as the Safety Officer. He has been a member for 14 years, and held the position of Assistant Fire Chief in the past. M/S/P Conlin/Smith — to approve Chris Howard as the Fire Department Safety Officer. (Motion passed 5-0) 2. Resolution No. 2006-122: Adoption of Was Mitigation Plan The City of Lake Elmo has participated in a hazard mi established under the Disaster Mitigation Act of 2006. M/S/P DeLapp/Johnson — to approve Resolution Washington County All Hazard Mitigation Plan. . 3. Ladder Trucks District Fire Chief Doug Pepin pres or 75' ladder truck, or both. These truck out' for emergency situations. Finance Director Bouthilet and the 2007-2011 Canital Council discussed equipment, and th. Resident Jim Pe0etse started this? The Cit to purchase a Ladder a Ladder Truck Comparison Sheet the efficiency of utilizing the existing 2751 Jatnley Avenue North, former MAC Member asked, "What s CIP shows we cannot afford to pave 20' Street but we can afford rucl�v When is the Council going to listen to the people?" City Attorney Filla informed Council that a decision could not be made tonight because any purchase over $50,000 must go out for competitive bids unless this is a non- competitive item, M/S/P Conlin/Johnson — to direct Staff to work with the Fire Dept. to determine if it needs to go to the competitive bidding process and to clarify with the attorney whether they should proceed and return with answers at the November 14, 2006, Council meeting. (Motion passed 5-0) LAKE ELMO CITY COUNCIL November 8, 2006 DRAFT 4. Pumper/Tanker District Chief Pepin requested Council approval for the purchase of two additional items for the Pumper/Tanker, which was inadvertently missed when the specifications were listed. M/S/P DeLapp/Smith — to approve the purchase of the two additional items, a drop tank or dump tank and an extension chute, for the Pumper/Tanker, at a cost of $3,292.00, (Motion approved 5-0) 8. CITY ENGINEER'S REPORT: A. Public Hearing: Proposed Assessments for Phase IV Water Interconnect Project Walter Pechan Don fauer� Resolution 2006-118: Adopting Assessments for the Water Interconnect Project— Phase IV The City Engineer presented to the Council the 2°d Assessment amounts for the four properties previously identified as incorrect. A current Certificate of Survey showed the recent lot rearrangements. The assessment rate of $2,340.,00 per acre is the same as proposed in the Feasibility Report. Mayor Johnston opened the Public Hearing at 9: There was no one to speak for or against the Mayor Johnston closed the Pubic Council Member DeLapp wanted it'to be on record, "Will we be changing the zoning?" City Attorney Filla said it iuld not. ,. M/S/P Johnson/Smith,to,�approve Resolution No. 2006-118, adopting the Assessment for the Water Intercorinecti'bn Proleci — Phase IV, per City Engineer's Memo dated November 2, 200.6 (Motion passed ' 10:1 DeLapp abstained — be consistent, small businesses should�hot pay for 4ivices they don't want) B. Right -of -Entry ftdate Resolution No 2006-12 1• Directing Abatement Action The City Engineer updated the Council on the remaining homeowners (three) that have not granted the City permission to connect their residential dwellings to the City's water main and to seal their private wells. He is requesting Council to direct the Staff to send written notices to the non -compliant property owners, indicating that such property owners have five (5) days after receipt of the notice, to abate the health hazard nuisance on their property by allowing the City onto their property to connect their home to the City's water main and seal their private wells. If the property owner refuses to comply, he requests that the City Attorney commence the appropriate civil proceedings. Mayor Johnston discussed the negligence, which would be shared by the City, if the wells are not sealed. LAKE ELMO CITY COUNCIL November 8, 2006 7 DRAFT Attorney Filla stated it would include MPCA and the Dept. of Health. Council Member DeLapp stated that if the water tests fine, the resident should be allowed to follow the filtration system instead of forcing people to hook up, M/S/P Johnston/Johnson — to adopt Resolution No. 2006-121, Directing Abatement Action, as amended. (Motion passed 4-0:1 Conlin Abstained) Council Member DeLapp wanted it be on record that the City needs to demonstrate that the water is being treated before it reaches the St. Croix River. C. Resolution No, 2006-119: Award Bid for SCADA Systems to TPC The City Engineer recommends awarding the SCADA contract to Telemetry & Process Controls, Inc., in the amount of $66,155.00, M/S/P DeLapp/Conlin — to award the SCADA contract Inc., in the amount of $66,155.00, per his Memo dated (Motion passed 5-0) D. Status of Warranty with CB & I Constnu City Engineer Prew will provide the Council an Status at the November 21, 2006, CouncilpWorlk 9. A. Resolution Street North The City Planner the street than the be removed, and t existing garage. I condition of rem promised. V': Council requested that that the existing old hot is started on the garage. & Process Controls, the Water Tower Warranty ted an application to approve location of a garage structure nearer pal sructure. He rioted that the existing garage structure would new garage will be a greater distance from the street than the noted that :a; second existing house was to be removed as a the All st46ure as a residence, and has not been removed as itional requirement be added to the Resolution, requiring removed by November 30, 2006, and before any new work M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-120, approving the location of a 40 foot by 28 foot detached garage nearer the front property line than the principal structure at 11989 301h Street North, as amended. (Motion passed 5-0) B. Ordinance No. 97-186: Zoning Amendment Allowing Seasonal Open Sales Lot The City Attorney reviewed the City's regulations, concluding that the definitions that he reported as having errors that need to be corrected. LAKE ELMO CITY COUNCIL November 8, 2006 DRAFT Council Member Johnson questioned why the City is limiting seasonal sales to just two zoning districts. She asked why the City is not opening seasonal sales in all residential districts? She observed that it is part of the rural character to permit residents and their children, to grow products to sell from their property. Council Member DeLapp stated Performance Zoning is relevant to this subject, and should be comprehensive by addressing all zoning districts. If the seasonal sales create a negative impact, it should not be allowed regardless of zoning district. If, however, it does not create a negative impact, it should be allowed regardless of zoning district. Mayor Johnston stated the Council needs to look at the issues of definition, in any case, but we need to fix the immediate problem. If more definition work is needed, the matter can be sent back to the Planning Commission. Attorney Filla stated that zoning is a separate legal matter M/S/P Smith/Johnson — to approve Ordinance 97-186, ate nrdmance relating to definitions contained in the Lake Elmo City Code, amending Farm'Rural definition to read, "The portion of a ten (10) or more acre parcel of land in pe Rural Residential Zoning District which is devoted to agriculture by the property ovtner or by a lessee of the property owner." (Motion passed 5-0) a r M/S/P Johnson/DeLapp — to direct Staff to worlwnth the Planning Commission investigating options to allow seasonal sales allo, ed riiali residential zones. (Motion passed 5-0)' Council discussed an on-s regarding signs, sizes and comprehensive draft_ordir M/S/P DeLapp(.Smith — to ad'olat a days pending the December 122C C. nd felt that a 45- or 60-day moratorium until the Council could review a more 2 Enforcement Moratorium for the next sixty (60) Council Workshop. (Motion passed 5-0) City Attorney indicated that the Hearings were no longer necessary as the previous actions regarding signs in the AG and RR zones were to be further discussed and presented to the Council for approval at the December 19, 2006, Council meeting. M/S/P Johnson/DeLapp — to take no enforcement action on Items 9C and 9D. (Motion passed 5-0) D. Administrative Anneal Hearing: Bittersweet Farm — Seasonal Sales in RR Zoning District City Attorney indicated that the Hearings were no longer necessary as the previous actions regarding signs in the AG and RR zones-were•to be further discussed and - presented to the Council for approval at the December 19, 2006, Council meeting. LAKE ELMO CITY COUNCIL November 8, 2006 DRAFT M/S/P Johnson/DeLapp — to take no enforcement action on Items 9C and 9D. (Motion passed 5-0) 12. PERSONNEL: A. Performance Evaluation Request of Assistant City Administrator M/S/P Johnson/DeLapp — to schedule a Performance Review of the Assistant City Administrator, with City Attorney Filla present, on Wednesday, November 15, 2006, at 6:00 p.m. (Motion passed 5-0) 13. CITY COUNCIL BUSINESS AND REPORTS: A. Mayor Johnston: None B. Council Member Conlin asked about the status of the plaque, in Marty's memory, for the Public Works building. This item will be discussed at a workshop. C. Council Member DeLapp informed Council that he,166d attended an Elected Officials dinner last week. D. Council Member Johnson congratulated Mnor Johnston, Council Member DeLapp and Council -Elect Nicole Park, with spew ] hanks to City Clerk Lumby and Carole Luczak for all of their hard work with Electi risr E. Council Member Smith agreed with Counal.Member,;Johnson's comments. Meeting adjourned at 10: Resolution No. 2006-113 Canvas Local Election Results Resolution No...2006-114 Approve Glaims Resolution No. 2006 115: Partial Payment No. 4 to Park Construction Resolution No 206Vi 116: Partial Payment No. 8 to CB & Constructors, Inc., Elevated Storage Tank No, 2 Resolution No, 2006-117r Workers' Compensation for Elected Officials Resolution No. 2006-118: Adopt Assessments for Water Interconnect Project — Phase IV Resolution No. 2006-119: Award Bid for SCADA Systems to Telemetry & Process Controls, Inc. Resolution No. 2006-120: Permit Garage to be Placed in Front of Primary Structure at 11989 30"' Street North (Otteson) Resolution No. 2006-121: Directing Abatement Action Resolution No. 2006-122: Adopt Washington County Mitigation Plan Ordinance No. 97-186: Legal Opinion/Zoning Amendment Allowing Seasonal Sales in the RR Zoning District LAKE ELMO CITY COUNCIL November 8, 2006 10 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-123 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 359, 360, DD960 through DD982, 29953 through 29975, were used for Staff Payroll dated November 9th, 2006; 29976 through 30030, in the total amount of $472,971.54 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 2 1 " day of November, 2006, Dean A. 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O O _ > OO E W --Sm O , CO �6c=E Ec o �p�co Uco LLoyN�mCo =� 00 N as U) --U UO X0UO = •O Om NCNyC�'?1 �Lc�a UV 'mCaN� y�N U Nc•c =mrnmna�.y>> N OON N w w 0 -- WE �aN ¢Vyc �oO ::«�N •N1a-0• fi .o-. maU°m� i�0a'vc —„ �o �w w foE n» cm cLLCL om L a LfLxxmw rCa Fowcm wVE� m�w�CNNCN �o oau.oE r '�llll�j U a m a m U) F5 M o 0 M M mowT000ui N O O O O O M N ((VV 0 o000 0 0 0 0 0 0 0 o O eo I o] N m� 00OMh.O7 OOO O O I I O 'd' M V M N OOOIM� O OOOOOO N N ON MN O N N M 7 O O 00] o N*, W N0000000 m o 0 0 0 o 0 0 000 0 0 0 D O O O O am O W W d'r M OO o000c-O OO O O N C6 IV .- I-Z C6 V i- N hl a W' O F E a to a m � as U)w m d t�0 00 a•o N O O Qaao 0 w r5 06mc O .�m Eiva �1�1°0�E UcN oC~WCOOO?OVN � iamyrn` n M CD a-:2:30)wwn0-0w20ILL U° I Lake Elmo Agenda Section: CONSENT AGENDA No 4C. City Council November 21, 2006 Agenda Item: One Day Gambling License: Maplewood -Oakdale Lions Background Information for November 21, 2006: The Maplewood -Oakdale Lions is requesting its annual One -Day (February 5, 2007), Off —Site Gambling License to sell raffles and hold bingo at the Lake Elmo Inn Event Center. Staff is recommending approval of issuing the charitable gambling license. Person responsible: Action Items: S.Lumby Motion: , Second , to adopt Resolution No. 2006- 126, A Resolution Approving the Issuance of a Charitable Gambling License by the State of Minnesota to the Maplewood/Oakdale Lions. Attachments Application to Conduct Annual Off -Site Gambling Resolution 2006-126 Maplewood / Oakdale Lions Club 0:6� �v P.O. Box 28366 Oakdale, MN 55128 We Serve October 19, 2006 City of Lake Elmo City Council 3800 Laverne Ave N Lake Elmo MN 55042 Lake Elmo City Council: Request a resolution from the City of Lake Elmo approving a one -day off -site charitable gambling activity to be conducted at The Lake Elmo Inn Event Center (3712 Layton Ave N.) by the Maplewood Oakdale Lions Club. Gambling activity conducted will consist of a raffle and bingo on the evening of February 5, 2007. The Maplewood Oakdale Lions gambling license number is 02118, and current license will expire November 30, 2007. The Sportsman dinner has been an annual event sponsored by our Lions Club at Lake Elmo Inn for many years. Your action on our request is appreciated. Lion Rose Johnson Gambling Manager 7913 24" St N Oakdale MN 55128 RESOLUTION NO.2006-126 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE BY THE STATE OF MINNESOTA TO THE MAPLEWOOD/OAKDALE LIONS WHEREAS, the Maplewood/Oakdale Lions has requested that the State of Minnesota issue a One -Day (February 5, 2007) Off -Site Gambling License; and WHEREAS, the Maplewood/Oakdale Lions has requested to sell raffles and hold bingo at a location within an establishment known as the Lake Elmo Inn Event Center, located at 3712 Lake Elmo Avenue N., Lake Elmo, Minnesota; and WHEREAS, the Maplewood/Oakdale Lions comply with the Charitable Gambling rules and regulations as set forth in Section 1110.04 of the Lake Elmo Municipal Code; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Lake Elmo hereby approves the issuance of a charitable gambling application requested by the Maplewood/Oakdale Lions. ADOPTED, by the Lake Elmo City Council this 21st day of November, 2006. Dean Johnston, Mayor ATTEST: Charles E. Dillerud, City Administrator Lake Elmo Agenda Section: CONSENT AGENDA No 4d. City Council Nov. 21, 2006 Ag,enda Item: Community Improvement Commission With her election to the City Council, Community Improvement Commissioner Nicole Park has tendered her resignation effective December 1, 2006. There are now four members and three vacancies. Staff has submitted another press release advertising vacancies and it has appeared in two newspapers so far. We have no applications on file. Action Items: Person responsible: Motion to accept the resignation of Nicole Park effective Sharon Lumby, City Clerk December 1, 2006 because she will take the Oath of Office for the Lake Elmo City Council in January, 2007. Attachments: Time Allocated: Resignation letter from Nicole Park CIC Roster and Attendance 2006 3 ZE ao a 0 0 o_ E a 0 0 a aj r': VE CITY OF LAKE ELMO, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 444 Cedar Street, Suite 1500 St. Paul, Minnesota 55101 Pursuant to our Agreement dated February 2, 1988, you are hereby authorized to proceed with the professional services described as follows. Hereinafter, the City of Lake Elmo is referred to as the OWNER. PAVEMENT MANAGEMENT REPORT PROJECT DESCRIPTION This Report will provide a Pavement Management Report including public street inventory and distress assessment for all municipal streets within the City of Lake Elmo. Visual street inspections will include distress type, severity, and measurement. Available data such as street width, pavement thickness, curb type and condition, year built, and average daily traffic (ADT) will be inputted with each street segment. An Overall Condition Index (OCI) will be assigned to each street segment based on the U.S. Army Corps of Engineers Pavement Management Methodology and the Strategic Highway Research Program (SHRP) Distress Identification Manual. This data will be used as the foundation to plan for preventative maintenance and reconstruction projects. The street data will be collected, organized, and stored under TKDA's license of a CarteGraph pavement management software package. Cart8Graph is nationally recognized asset management software. II. SERVICES TO BE PROVIDED BY TKDA TKDA is requested to provide the following services: A. DATA COLLECTION Visual Street Inspection a. Provide street ratings based on USACE and SHRP distresses measured in the field. Review ratings with City staff. u'i e,� •!' i -- i�'. , i�'�<�" _i- r t X•' ':� : dF= ' t`;f 1{ 1a � ,� ' - t - `Ar . 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';�! 1 �.':tl �.rw t�, �T'+i��,:t�� y/��`�S t r �..�� i,te� ^ '•F n 6r 'LF. ._'ttF;7 .mot•` 'ti t��, -'{ f _rj c ,; .T �7 t.',i�-�f�n i.'�;_ai �` r 7.. 1-<L,ti t, x�k alr.`� A j 3'. i1. �..• YY1 �i �`-.r��3'.� [: VI .=c`rt r'.t ; L t -yP s' r,^v 11 - Jjr k. t Si i : �,(t' 1 �.Y.- r� lqq A .trJ rr 'b A tr•^ :sty 1 `t t •< �_. 1 w�r'� 1 '-, _r+ - t � t _ ':tc 1 tl ,•S�� b ,+ ar til i r >•'�. L - r a, �x r 2 3 �1 5 'h� '1•n'`Y�.""#"'J.+. k ,- ` r f: •-I r'a' '. f --F, 3 ] v�"�7' }`}°`�yr_ '- r � ;� - , - ,t. r ems, ; - �.., t 2 si" t}� - i•w„ k � ;1 ., - � (. 'r 14 -� � tt W `tY � d, ' :+ i s �- � i F I r "r + r u - rY-s- i >-;,,: ! > ..�?'. ..al .. ;y_�-�*'�s�L'��?i rF Lu_.•f...��1111rS�e.._...!'ftl..��}:.7f.:)1.�._>fl..l•x11kph.�"�;.�i,t��i�s•..,'+^,�I:i��-riC.:1�*'rEr�iSfen:`n'Y-,-,u.) �. .-f �-.'+• �?. �.t.-�.��,�Ss- 1 B. DATA PROCESSING AND MAPPING Data Input a. Segment and populate the CarteGraph database. b. Input basic street data. 2. Mapping a. Provide two full-size copies of the Overall Condition Index to graphically represent the street conditions to the OWNER. C. REPORT Report Content a. Written description of street rating process. b. Spreadsheet of all street ratings and basic street data. C. Maps to illustrate City-wide Overall Condition Index (OCI). d. Preventative maintenance and reconstruction recommendations based on street rating data to the OWNER'S 5-Year Capital Improvements Plan (CIP)• 2. Distribution of Results a. Furnish 10 copies of the Report including all input data, and review them with the OWNER. b. Attend a City Council Workshop to present and discuss the Report and answer any questions. C. Provide electronic GIS data to the OWNER. III. FUTURE DATA MAINTENANCE All future standard data maintenance, updates, and reports will be performed as general engineering tasks. A. DATA MAINTENANCE Re -inspect 25% of the City's streets annually to provide accurate and up-to-date ratings. 2. Add and/or update basic street data as it is available. 3. Provide a Current Overall Condition Index map supported with data of the annual street conditions by the end of each year. 2- IV. ADDITIONAL SERVICES If the need for Additional Services is determined, and the fee for the additional work is agreeable and the OWNER authorizes such services in writing, TKDA shall furnish or obtain from others services of the types listed below which are not considered as normal or customary services. These Additional Services shall be compensated for on an Hourly Rate basis as defined in the Agreement, a part hereof, and such compensation shall be over and above any maximums or lump sum amounts set forth in this Authorization. A. Providing any additional and/or special reporting of the data requested by the OWNER. B. Providing analyses of projected pavement conditions based on street budget scenarios. C. Providing investigations involving detailed consideration of operations, maintenance, and overhead expenses; the preparation of cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for the Project; detailed quantity surveys of material, equipment and labor. D. Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, the OWNER'S schedule, or character of construction or methods of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond TKDA'S control V. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in the Agreement and as further described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide TKDA with access to the site as required to perform services listed in SECTION II above. VI. PERIOD OF SERVICE TKDA shall start services promptly upon receipt of this executed Authorization and complete services by February 28, 2007, allowing a minimum of 90 days to complete. -3- VII. COMPENSATION Compensation to TKDA for services provided under SECTION II of this Authorization shall be on an Hourly Rate basis as defined in the Agreement Article 3, in an amount estimated to be $35,000. If it appears at any time that charges for services rendered under SECTION II will exceed the above amount, TKDA agrees that it will not perform services or incur costs which result in billing in excess of such amount until it has been advised by the OWNER that additional funds are available and its services can continue. Approved at a Consultant Acceptance by meeting of the Attest Authorized TKDA Representative 16m 20 20 -4- .�. r. Sr7 INUv—In—eUklit) 1Z) • JCS 1 N.1JH 0✓1 G7e ete�u �t , e,1 T�A ENGINEERS • ARCHITEM • PLANNERS 444 Cedar street, Suite 150o ` 11 Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Proj. No. 13699.000 Ceti. No. 1 St. Paul, MN, November 16 20 06 To Lake .Elmo Minnesota Owner This Certifies that Valley Paying. Inc. Contractor For 2006 Overly Is entitled to _ One Hundred Sixty -Eight Thousand Two Hundred Fifty -Seven Dollars and 99/100 ($168,257.991 being 1st estimate for partial payment on contract with you dated Aueust 16 2006 ! Received payment in full of above Cettificate. Valley Paving, Inc. M1 TK.D,A Thomas D. Pre , F.E. HECAPITULATION OF ACCOUNT CONTRACT PLUS EXMA.S PAYMENTS CREDITS Contract price plus extras $ 208.143.00 All previous payrncnts $ _ All pruvious credits E=-a No. Credit No. AMOUNT OF THIS CERTIFICATE $ 168,257 99 Totals $ 208143.00 S 168-257.99 IS Credit Balance $ - Them writ terrain unpaid on contract after pay=nt ofthis Certificate $ 39,885,01 $ 208I43.00 5 208,143.00 $ _ An Employee Owned Company Promoting ABlnnatjW Action and Equal Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-129 A RESOLUTION APPROVING PARTIAL PAYMENT NO. 1 TO VALLEY PAVING INC. FOR THE 2006 OVERLAY PROJECT BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 1 to Valley Paving Inc. in the amount of $168,257.99 for the 2006 Overlay Project, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 21 st day of November, 2006. Dean Johnston, Mayor ATTEST: Charles E. Dillerud, City Administrator TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Chuck Dillerud Copies To: Todd Erickson, P. E. From: Date: Thomas D. Prew, P.E. November 17, 2006 V G, 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651) 292-0083 Fax www.tkda.com Reference: Escrow Reduction #3 Sanctuary City of Lake Elmo, Minnesota Project No. 13267.000 Routing: The drainfield is installed, but needs to go through start-up yet. Much of the landscaping has been installed, but it is different than the approved plan shows, so a plan revision is required before a reduction can be done. Brown's Creek Watershed District holds the letter of credit on the grading portion of this project. I would recommend that escrow be reduced to the amounts listed below: Item Original Amount Work Remaining Site Grading/ Turf Establishment $0.00 $0.00 Storm Sewer $285,209.00 $5,000.00 Sanitary Sewer $132,468.00 $5,000.00 Drainfield $775,000.00 $100,000.00 Watermain $510,339.00 $5,000.00 Streets $488,948.00 $5,000.00 Street Signs $1,000.00 $1,000.00 Landscaping $110,000.00 $110,000.00 Subtotal 125% Security $2,302.964.00 $231,000.00 $2,878,705.00 $288,750.00 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity d : f. t�ri�;'•i rrL �':!�' x 1'i5f r "+i - . (�-rr>' - c�yr.• n 9+ r•.. r ry.i r i - f F��•+Ni� �- t ' t ;i i _ 1 i �, c � t r • fi � _ r - � . r}si r tr ] _. 7�,� i-rU[-��>. i-* al f ,v x,Mr a �'y,i ' -.'> _ - y�jer•' } !: r,, t/'+•". C1 f • �r `r j £ a, °r } r - , rrc•u 3 i.'`) yy1iX , •' "T cY ?.:r _ 1 r. •' Ci r+'rii.�'ll'0 �7. %� S� SrtyY • t '?c- .f r F 4 � 'M s_4 . L.> - �4 , �v 4•� v t -trite i �,,y(r lit rt h,� y �! d — 4h kS c r s t r r:�• P( f �fi1 >��r' a ! , v P + � i. t , S' - .L` - N -Y! � � - 1 • ti t,t r. t r' s a. r � z Y i6. , �Y> if r. r M��{"„ U.l' N r rf� = .� Y i r-.,i�+c�'Y�, t.i;�;lPr,.i•, li`C r } 3. � n -Z S V Y �a4-'r s• Hr �. r 1 .� L is c �'� r � � ��3 I - e-�.^�-1 i r __ + ;. - ,-,_ + r _ � t� r• 1, - ''"a'L c.i � � - .; I ,7'. • - J 'y �' its r i -� � � i �'s J� .r i S.: - } i•�L.y_..y:�..aF• `,t H �i 1+.Y.�,i�iltl-Y;l3•*�yt _. :rFnJ (',,`r r�}{ f _4 `.. �+ i - ate, , t '�lptt:hl�{ �' r=K �yt:' ;s f' '•�, �,'�` �•�:.. a u.r. �-• rT• � t .� -.I, fi •�$t. i �'< ' f _ �.- .Yti,Lr -_! �_� - `jr �< <. 1 _� - ] _ ! ' ,�'4' � ~-' t,'!' Jy1-��;0.,ey'l �.-t_ '�� .�>��. Jr<`�:��•'t tl: r ji�` _ _iS r.ti r r 'r.-f!i•+`�r^yr �4 ' + 3_ :K y: �` l� -:1� �sY, t.�:. �'� 'L' e; � J� r�<C.t 3''�€'•' S � _ �`~�i din �` i��H ''ey.' r�� i Y{"kr!!'/ t, Z�: ��, Z`y+t r+}L{� ]. -_ I� •�* r > �F3i •u.� r �S .r i'. / `..t .,ca F '� �` i � N �: � t t i _ r �•�+ ti.3" v ' •'1 l it + � ��4 ri ��r7. f 4 xr� }ter f P I � ri .'.�> ,+ +i4 ( S � 9- T 2 T'<� -r}Sir v Y ,µ � r ,_" r 1 r 1�' J -' - ', .zJr s 1�+�plS }L i l (_ic1 d%ci � + ti49i iMwwE-Y _tS -� •. t lwm Lake Elmo Agenda Section: Finance No. 5A City Council 11-21-2006 Agenda Item: 2007-2011 Capital Improvements Program (CIP) BackLyround Information for November 15. 2006: Attached, please find the City of Lake Elmo 2007-2011 Capital Improvements Program (CIP). The Parks Commission reviewed the Park Improvements portion and with some minor changes approved there part of the CIP. After a presentation from Staff, the Planning Commission conducted a Public Hearing on September 25, 2006 and approved the Capital Improvement Plan as outlined. Please note that State Law views a CIP as a Comprehensive Plan Element which requires a Public Hearing and formal adoption by the City Council. The function of the Planning Commission in its review of the annual CIP is planning and not accounting or financial. As noted in past CIP, the City continues to show some negative fund balances in the Fire & Infrastructure (primarily streets) portions of the CIP. The actual funding mechanism to address affected areas are yet to be decided but most likely will be through Bonding, Equipment Certificates or Lease options. Action Items: 1. Motion to adopt Resolution 2006-124 approving the 2007- 2011 Capital Improvement Plan. Attachments: 1. 2007-2011 Capital Improvement Plan. 2. Resolution 2006-124 Person responsible: Tom Bouthilet hip'. f CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION 2006-124 A RESOLUTION ADOPTING THE 2007-2011 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, at its September 25, 2006 meeting, the Lake Elmo Planning Commission held a public hearing on the draft 2007-2011 Capital Improvements Program. WHEREAS, the Plamiing Commission recommends adoption of the 2007-2011 Capital Improvements Program. WHEREAS, the Lake Elmo City Council reviewed the draft 2007-2011 Capital Improvements Program recommended by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED, the Lake Elmo City Council approves the 2007-2011 Capital Improvement Program as the planning guide to capital expenditures. ADOPTED, by the Lake Elmo City Council on the 21st November, 2006. Dean Johnston, Mayor ATTEST: Charles Dillerud, Acting City Administrator MEMO (September 21, 2006 for the Meeting of September 25, 2006) To: Lake Elmo Planning Conunission From: C clu�wiilerud Subject: 2007-2011 Capital Improvements Program (CIP) On September 26 the Commission is scheduled to conduct a Public Hearing and develop a reconnnendation the City Council regarding the 2007-2011 CIP. I have attached a copy of the CIP as proposed by Staff and the Park Commission (regarding the Park Improvements section only). City Administrator Rafferty and Finance Director Bouthilet will be available to present the CIP and respond to questions from the Commission. As in prior years' CIP's negative fund balances result for some funds. In most cases the actual funding mechanism for those later years of the CIP are yet to be decided. In some cases bonding will be required. In other cases (primarily Capital Equipment) the City may lease. In some cases projects will simply continue to be moved out in timing until an appropriate funding mechanism is decided. Since State Law views a CIP as a Comprehensive Plan element a Public Hearing and formal adoption by the City Council is required each year. We simply drop the current year (2006 in this case) and add a year to the end (2011 in this case). The function of the Planning Commission in its review of the annual CIP is purely planning in nature, not accounting or financial. The Commission's review should go to whether the planning CIP activities proposed accurately reflect the proper project locations and staging related to the Comprehensive Plan. As a radical "for instance", if the proposed CIP indicated a street reconstruction project one year and a sewer line installation in the same street a year or two later, it would be a Commission function to point out a timing/order of improvements issue with the CIP. Or, if the proposed CIP showed a sanitary sewer extension in 2008 to an area of the City not staged by the Comprehensive Plan for sewer service until 2010 (or, maybe, never), another timing (and/or Plan compliance) issue should be noted by the Commission. Since in Lake Elmo the staff, Planning Commission and City Council are generally "on the same page" (not always the case in some other communities), major CIP issues have not surfaced at the Planning Commission level in the past — nor do I expect they will this year. While tempting, I strongly suggest the Commission not become immersed in CIP financial or equipment details. Those matters are truly City Council concerns, "hot Planing Commmssion. Table of Contents A. Capital Acquisition gage Capital Acquisition Summary Report ........................ 1 Capital Acquisition -Administration ........................... 2 Capital Acquisition - Civil Defense ............................ 3 Capital Acquisition - Building Dept ........................... 4 Capital Acquisition - Fire Dept (Equipment) ................. 5 Capital Acquisition - Public Works Equipment .............. 6 Capital Acquisition - Parks (Equipment) ...................... 7 Capital Acquisition - Parks (Improvements) ................. S 11I. Infrastructure Reserve Infrastructure Reserve - Non MSA ............................. 9 IV. MSA Construction Capital Acquisition - Public Access ........................... 10 V. Enterprise Funds Water Enterprise Fund - Capital Projects ..................... 11 Sewer Enterprise Fund - Capital Projects ..................... 12 Storm Water Fund - Capital Projects .......................... 13 I ƒ m k El )� _\\_) o o .e /D /®®°f �)}{/ 7. _ )//{# \+k») 7E 2o±Ga LO co Nr 000000 III ol 7 Cr ..u. . ..... ..... ... / f 0. ® 2 u \E\{) ( .)§ I a) =1 / ƒ 7 DEa) CL m I0EGo I I I I I I I I I I I I I 11ae 32 I I I I I ■ �y r ' IC) Q o ca N Q ao 0 '`y N C 0 mC` r O cm I+ O C? CN 6C d pC. 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O ja w o'o 0 as o ¢ ° .N E.N Q € o � wZ o TT� C 0)(D(Di @ > > co }} 77 mmm �aQ SO O O 7 O N O N N N •r¢ a7 N:: NO QO mN �N �N mmIr n �O ° m 0O Zm LL E s O w a 0 0 v m N r O do d 0 �� CD C, � NW c0 (0c`c' �000 Oc 0 N o OJ O a0 N W 0 O 0 o 0 L N M O N In M O) p� O 0 LO CON "t r Ir O O ((D cc N O CV COD o co O coN CC)N N COLO N p O 0 O co LO a7 d Obi U lLO LO NN 4�7 00 co N 0 M M C)N N OD N O O O N O O 1—top 0 p O o O o .d, lD O 0 p W N � 0 N co N O I�f) M 00 O (4LO o O 0 C, 0 co N n^ d 0 Oi 0 0 CO O N p LO M 00)' M NN CDO t(i d c0 d 0 co 0 NIfl (::O) r N W to U c o z O 0 a U) _ c0 Z ca a) Q -_ N O N LL CO W� N z �a 0) 0) =a) _ ro wO� O O UE ) m O Um N a U J N N C Z s m UO) ma c c r 00 2a2 2 a22 �Nai dqNo cUa3g t ofh ° LL0 tV r T T O N ®y A N 6` C Gag C c 6JJ Apm� L W S d E CD O L O _ cn Q r 0 E E 0 v h 00 0 O CD N 0)0) p0 r N 'q co CD 0 Lo O O H O O O 0� N N h' CO co Lo 0 7 N o ti o m O r N ti co coco h� N CD O O CD O 0 oN J Lo O N o r NO NO O 6 Lo r 0 O p M O 0 0 0 0 0 CND N M co coN Lo 0 N co m O N r W w U c 5 9 m a CD >' > ¢02 e u n E E 0 m m as c ..,..c.;. .� .: v.,v v. .._ .... ...,_ ...... ...,.. _ a co c, 0 0 rn E 4 U ro o E € U W 0 o dU z�[ 1C O ` K� n c tt v U v U1 @ N mmmc N N V N m > m N _1 d c 111 (n ~ N N C6 (0 X x 0 0 7 E -» m > WILcai a>i � o 0 a-o 'D E a GF0- LL doz. d a CO >OOOw O Lake Elmo Agenda Section: FINANCE No . 5B City Council 11-21-2006 Agenda Item: Public Hearing: Assessment for proposed Unpaid Municipal Utilities Backl4round Information for November 21 2006: Attached, please find Resolution # 2006-125 for the proposed assessment of unpaid utilities. The City of Lake Elmo by State Statue and City Code has the authority to assess property owners for unpaid utilities and services. All property owners were sent letters regarding past due Municipal Utilities balances. Notification of the Public Hearing was published in the Stillwater Gazzette newspaper on November 17, 2006. Property owners will have until December 15,2006 to pay the balance due without interest or a fee of $ 25.00 whichever is greater. Action Items: Motion to approve Resolution # 2006-125 for the Person responsible: Assessment of Unpaid Municipal Utilities. Tom Bouthilet Attachments: 1. Resolution 2006-125 2. Exhibit A 3. Public Hearing Notice CITY OF LADE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006 — 125 RESOLUTION AUTHORIZING CERTIFICATION TO WASHINGTON COUNTY AUDITOR FOR UNPAID UTILITY BILLS WHEREAS, Minn. Stat. 444.075, subd. 3, permits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LADE ELMO, MINNESOTA, THAT: 1. The list of delinquent accounts, a copy of which is attached hereto as Exhibit A, and made a part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. 2. The certified amount shall be payable over a period of one year, and one installment with interest as provided in Exhibit A. 3. The owner of the property may, at any time prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. 4. The Deputy Clerk shall forthwith transmit a certified duplicate of Exhibit A to the County Auditor to be extended on the property tax lists of Washington County. Such delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. ADOPTED, by the Lake Elmo City Council on the 21st day of November, 2006. Dean Johnston, Mayor ATTEST: Charles Dillerud, Acting City Administrator W LLo w N� W W N 0 O N O O V p 'd' N L0 N h C0 H 6% V> FJ> H> Gs H> lfi O O O O O m V LD N LL M M m N W M m N 0 N N Ln N LD fA eH 69 V9 H> H> d> 0 7 Ln V Ln 0 N O O V C f� O N ti V ti O O obi � dt (00 h 5 h63 Q Q fA EA V> EA d> ffl Ct ° N y O Q L Z va d°a'a�zJ (D o.2 o c m U a m N Q 1 N E C m J _l O O OD LO �. m O r N M co0) W N -It [— It Sc W M O N N N d N (7 Nw pp N C p Z C m p -� t m c c Of m 6 L' E Y E c 2 o o 0Dof U O O O C�lN N d O O O O O O O O O O O O O O N 4 M N 4 N N 0 M N q' M '7 M N N N N N N N CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CURRENT MUNICIPAL SERVICES AND/OR MUNICIPAL UTILITIES TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Lake Elmo, Minnesota, will meet in the Council Chambers in the City of Lake Elmo, Minnesota, on the 21 st day of November, 2006 at 7:00 p.m. to consider, and possibly adopt the proposed assessment for unpaid municipal services or municipal utilities. You may prior to certification of assessment to the County Auditor, pay the entire assessment. If the assessment is not prepaid before December 15, 2006, the rate of eight percent (8%) interest or a charge of $25.00, whichever is greater, will be applied to the assessment balance. The assessment will be due in full for the taxes payable 2007 calendar year. The proposed assessment roll is on file for public inspection at the Finance Director's office. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment to the affected owners as it deems advisable. Sharon Lumby November 15, 2006 Publish in the November 17, 2006 Stillwater Gazzette November 17, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota T KDA ENGINEERS• ARCHITECTS - PLANNERS 444 Cedar Street, Suite 1500 R E C E n I V E 4x Saint Paul, MN 55101-2140 2 t P r (651) 292-4400 (651) 292-0083 Fax www,tkda.com Re: Lake Elmo Tablyn Park/Lake Elmo Heights Well Sealing Contract A and Contract B City of Lake Elmo, Minnesota TKDA Project No. 13524.000 Dear Mayor and City Council: Bids for the above referenced projects were received on November 17, 2006, with the following results. A complete Tabulation of Bids is enclosed for your information. CONTRACT A Contractor Base Bid Kimmes-Bauer Inc. $173,290.00 Keys Well Drilling Company $305,925.00 Mark J. Traut Wells, Inc. $396,650.00 Engineer's Estimate $220,475.00 CONTRACT B Contractor Base Bid Kimmes-Bauer Inc. .00 0 ,75 $168 Keys Well Drilling Company $1680 Mark J. Traut Wells, Inc. $3334.00 Sampson Bros., Wells Co., Inc. $388200.00 E.H. Renner & Sons, Inc. 9000.00 $38,,,,0.00 Engineer's Estimate $231,925.00 Recommendation We recommend that you award both Contract A and Contract B to Kimmes-Bauer Inc. for their base bid of $173,290.00 for Contract A and $168,705.00 for Contract B. An Emptoyee Owned Company Promoting Affirmative Action and Equal Opportunity o o 0 0 0 0 0 0 0 0 0 0 0 0 Z ZQZMmNOMl�1 - Q R M N N N O o OZ a F- U y�W Of A F of E4 fR 64 fA fA f9 f9 0 0 0�n 0u� 0 0 Z W I-V mm aD aDN m`� ==a z N ui en <n ur er us F» O 0 0 0 0 0 0 0 O F-000000 0 J Qz N VN VN NuO'JN 0 N N M O F l[ M Q Q Z K - h fA Vi [A to fA bi 0 o 0 0 0 0 0 0 0 0 0 0 m Z h W N N O V 0 0 d z 0�- C a. O wvi»»c9 to U 0 o 0 0 0 0 0 0 0 0 0 0 0 0 z J Zcn N 0 0 0 0 0 O Q N 0 0 0 0 0 N 0g ^� N N N- W J Q g ~ M W Q � en cs cn us <a es F» 7 0 0 0 0 0 0 0 0 0 0 0 0 � Z_a Y � 0 •-N 0 d N Q f¢¢A fQQA (A fA f9 fR � U W W W }� r o W h N O O D MM O co _ Q Z O 0 M p F O) 5O5 Q U Oa W ¢ o Q d F- L] W F N 0 KW(� O;K F Y ON ro y g m co LU O rt o �oZN W ccr in 0 m O Q d�O W° Z O H K�M ....m.. Z Y Zzo > — xE W m UWF Z 0 Jaa WQQW O Z Y LU W W �1 ZaaO�0- 7 K ¢QW Q O W w m W O o In 0w 00 Lu O }O}a W O W O d o m U' Q 1- F° LQL a r g�UX m W o, -N Md'�[1O m CZ .. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-127 A RESOLUTION AWARDING THE BID FOR WELL SEALING CONTRACT A LAKE ELMO TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS WHEREAS, pursuant to an advertisement for bids for street patching, bids were received, opened, and tabulated according to law, and the following bid was received complying with the advertisement. Contractor Base Bid Mark. J. Traut Wells Inc. $396,650.00 Keys Well Drilling Co. $3051925.00 Kimmes-Bauer $173,290.00 AND WHEREAS, Kimmes-Bauer is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Kimmes-Bauer in the name of the City of Lake Elmo for well sealing, according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 21 st day of November, 2006. Dean A. Jol-mston, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator CITY OF LAKE ELMO `-- WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-128 A RESOLUTION AWARDING THE BID FOR WELL SEALING CONTRACT B LAKE ELMO TABLYN PARK/LAKE ELMO HEIGHTS PLUMBING CONNECTIONS WHEREAS, pursuant to an advertisement for bids for street patching, bids were received, opened, and tabulated according to law, and the following bid was received complying with the advertisement. Contractor Base Bid E.H. Renner &Sons Inc. $408,420.00 Sampson Bros Well Co.Inc. $389,000.00 Mark. J. Traut Wells Inc. $388,200.00 Keys Well Drilling Co. $333,025.00 Kimmes-Bauer $168,705.00 AND WHEREAS, Kimmes-Bauer is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: The mayor and clerk are hereby authorized and directed to enter into a contract with Kimmes-Bauer in the name of the City of Lake Elmo for well sealing, according to the plans and specifications therefore approved by the City Council and on file in the office of the city cleric. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall retained until a contract has been signed. ADOPTED, by the Lake Elmo City Council this 21 st day of November, 2006. Dean A. Johnston, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator T,T:,r.DA ENGINEERS - ARCHITECTS - PLANNERS November 17, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Approval of Service Area Old Village Sanitary Sewer Study City of Lake Elmo, Minnesota TKDA Project No. 13762.000 Dear Mayor and City Council; 444 Cedar Street, Suite 1500 Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com The first step in preparing the Old Village Sanitary Sewer Study is to determine the limits of the area that may ultimately be served by sanitary sewer. The term "Old Village Area" has been loosely interpreted in the past, but for this report we need to be very specific. The enclosed map shows the boundary of the staff recommended Old Village service area. What may be different about this in some peoples view is the inclusion of all the property east of the lake, between 20th and 30th Streets. In this area, there are both existing neighborhoods with small lots and undeveloped areas. The staff recommends that because the sewer will pass through this area, we keep the option of providing sewer service to this area open. A preliminary analysis of this area, and our Metropolitan Council agreement, shows we should design the sewer system for 3300 Equivalent Residential Units (ERU). This review is shown on the enclosed sheet. City Council Action Requested Approve a motion directing the City Engineer to use the recommended sewer service area, as shown in the enclosed figure, in the Old Village Sanitary Sewer Study. Sincerely; Thomas D. P ew, P. E. City Engineer TDP:cme Enclosures An Employee Owned Company Promoting Affirmative Action and Equal Opportunity .. ..> .. d � 3M� U m - 2 / kL.° $) . n / # � / k ° 2�< e ƒcn to ) « \ 4 ZE Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council November 21, 2006 Agenda Item: Minor Subdivision - Bergmann Background Information for November 21.2006: On September 25 the Planning Commission unanimously adopted a recommendation to approve this application to detach 1.33 acres from an existing parcel of 30+ acres, and consolidate the 1.33 acres with an adjacent 5 acre parcel. This action is a condition of a variance approved by the City Council on September 5 that allows the barn structure on the 1.33 acres to co -locate with an existing accessory structure on the homestead 5 acre parcel that would then be 6.33 acres in area. An issue addressed briefly by the Council during the variance preceding, and again in detail by Staff in the September 21 Planning Staff Report was clarified subsequent to the preparation that Staff Report. On September 22 the Eileen Bergmann delivered a copy of an August 2005 Contract for Deed that conveys the 5 acre homestead parcel from Richard & Eileen Bergmann to Chad & Colleen Bergmann. Since Richard & Eileen Bergmann are the owners of the adjacent 30+ acre parcel, there are no contiguous ownership issues as the Staff Report details. Since the Contract for Deed has not been recorded with Washington County, and therefore not reflected by the GIS records that staff uses to establish ownership. The Minor Subdivision that is recommended by the Commission for approval therefore exactly replicates the physical circumstances addressed by the prior variance action by the Council. No easement requirement is included since the necessary easement has been secured by the City across other property. Person_ responsible: Action items: o Cd Motion to adopt Resolution #2006 — approving a Minor Subdivision at 11459 60`h Street North for Eileen & Richard Bergmann , and Chad & Colleen Bergmann, as recommended by the Planning Commission. Attachments: Time Allocated: 1. Draft Resolution #2006 - Approving Minor Subdivision 2. Planning Commission Minutes of September 25 3. Planning Staff Report and attachments 4. Council Resolution #2006-092 Approving Variance S yX�ief jr {�+t t .p.i f 2.t r _._ Si J n�,�� ri<��'.S`7• •`�' r y t k rL: ar^- rr z� " I `'� Z j-+ t'r zt� •_ uYe y1 r�.S 4 ` 1 ;'fr-4 A L'r. "At r't3e �` -x{!• < 5 _ i-u t + ilh•_S •z b t.t�.a s_ i�..Y r - 7. J 1. 'f a •. t .fit t T v{- -. i. •f � s:l-� A +<`' r ,� �"•��'� � . r: i �1 ��•- s'. r«" f'9' AN ,� i T,3, Jf rAl�'rrt-t �� 'L I�r• �s �yr"' r If 1 HE w t 5f1 n 9 7{ �) T r l r �1jti ! 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",L � J)r dl J1� E• q I = ; ,(� t• t� E i {7 F -{' � 4 ��7 j' 1T` 1 Y � a,t - r� :'P� . ?p Jr a Ji' 3��t rL�jSr nil- c �� I a ' �- � 4 r lF��,r� � l i +• f. I! �'r �N / �. - ,a�'r'' � .,- � �rY-:1 r-f-l/-1 'TJ :.S-��5f. �:�e1.ri.��i 4�11��'i�_-'�i�r ll�i�l��.�,i} r�t1`+_.:5�� 'r!C �'�„��E... �. �:,�t�i.�• iA v�"t� .Y�2.'Ua'S�: �":ir: CITY OF LAKE ELMO Washington County, Minnesota Resolution No. 2006-130 A RESOLUTION GRANTING A MINOR SUBDIVISION TO RICHARD AND EILEEN BERGMANN WHEREAS, Richard and Eileen Bergmann; and Chad and Colleen Bergmann have made application to the City of Lake Elmo for a minor subdivision pursuant to Section 400.07 of the Lake Elmo Municipal Code of the following described parcel of land; to wit: The Northeast `/4 of the Northwest''/4 and the West''/2 of the Northwest'/4 of the NE'/4 all in Section 1, Township 29 North, Range 21 West, according to the United States Government Survey thereof, except that part thereof platted and known as St. Croix's Sanctuary ("Property"). WHEREAS, Richard and Eileen Bergmann represent that they are the record fee owners of the Property and that a portion of the Property will be conveyed to Chad and Colleen Bergmann. WHEREAS, the Lake Elmo Planning Commission considered this minor subdivision request at its September 25, 2006 meeting and recommended that the minor subdivision as applied for by Richard and Eileen Bergmann; and Chad and Colleen Bergmann. NOW, THEREFORE, BE IT RESOLVED THAT a minor subdivision is hereby granted by the City Council to Richard and Eileen Bergmann; and Chad and Colleen Bergmann, resulting in the following described parcels: PARCEL A All that part of the Northeast Quarter of the Northwest Quarter and all that part of the West Half of the Northwest Quarter of the Northeast Quarter of Section 1, Township 29 North, Range 21 West, Washington County, Minnesota, described together as follows: Beginning at a northwesterly corner of Outlot E, St. Croix's Sanctuary, according to the recorded plat, Washington County, Minnesota, said point being on the southerly right of way line of Minnesota State Highway No. 36; thence South 0 degrees 19 minutes 54 seconds East, along a westerly line of said Outlot E, a distance of 292.32 feet; thence South 61 degrees 31 minutes 55 seconds West, a distance of 142.39 feet; thence South 89 degrees 45 minutes 35 Seconds West, a distance of 78.54 feet; thence South 83 degrees 17 minutes 40 seconds West, a distance of 318.69 feet; thence South 89 degrees 45 minutes 35 seconds West, a distance of 220.67 feet; thence North 0 degrees 00 minutes 32 seconds. West a distance of.395.55 feet to the intersection of said southerly right of. way line of Minnesota State Highway No. 36; thence North 89 degrees 45 minutes 35 seconds East along said southerly right of way line, a distance of 739.27 feet to the point of beginning, subject to easements. of record. Orientation of this bearing system is based on the recorded plat of St. Croix's Sanctuary. PARCEL B All that part of the Northeast Quarter of the Northwest Quarter and all that part of the West Half of the Northwest Quarter of the Northeast Quarter of Section 1, Township 29 North, Range 21 West, Washington County, Minnesota, described together as follows: Commencing at a northwesterly corner of Outlot E, St. Croix's Sanctuary, according to the recorded plat; Washington County, Minnesota, said point being on the southerly right of way line of Minnesota State Highway No. 36; thence South 0 degrees 19 minutes 54 seconds East, along a westerly line of said Outlot E, a distance of 292.32 feet; thence South 61 degrees 31 minutes 55 seconds West, a distance of 142.39 feet to the point of beginning of the property herein to be described; thence South 89 degrees 45 minutes 35 Seconds West, a distance of 78.54 feet; thence South 83 degrees 17 minutes 40 seconds West, a distance of 318.69 feet; thence South 89 degrees 45 minutes 35 seconds West, a distance of 220.67 feet; thence North 0 degrees 00 minutes 32 seconds West a distance of 395.55 feet to the intersection of said southerly right of way line of Minnesota State Highway No. 36; thence North 89 degrees 45 minutes 35 seconds East along said southerly right of way line, a distance of 739.27 feet to the northwesterly corner of said Outlot E; thence North 0 degrees 19 minutes 54 seconds West along a west line of St. Croix's Sanctuary to the north line of said West Half of the Northwest Quarter of the Northeast Quarter; thence South 89 degrees 47 minutes 30 seconds West along said north line, a distance of 306.57 feet, to the north quarter corner of said Section 1; thence South 89 degrees 47 minutes 33 seconds West, along the north line of the Northeast Quarter of the Northwest Quarter of said Section 1, a distance of 1320.17 feet to the northwest corner of said Northeast Quarter of the Northwest Quarter; thence South 0 degrees 30 minutes 22 seconds East, along the west line of said Northeast Quarter of the Northwest Quarter, a distance of 1418.19 feet to the southwest corner of said Northeast Quarter of the Northwest Quarter; thence North 88 degrees 59 minutes 11 seconds East, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 840.22 feet to the southwest corner of said Outlot E; thence North 0 degrees 00 minutes 32 seconds West, along a west line of said Outlot E, a distance of 675.77 feet; thence North 89 degrees 45 minutes 35 seconds East, along a boundary of said Outlot E, a distance of 257.62 feet; thence North 83 degrees 20 minutes 18 seconds East, along a boundary of said Outlot E, a distance of 323.13 feet; thence North 61 degrees 31 minutes 55 seconds East, along a boundary of said Outlot E, a distance of 84.03 feet to the point of beginning, subject to easements of record. Orientation of this bearing system is based on the recorded plat of St. Croix's Sanctuary. ADOPTED by the Lake Elmo City Council this 21st day of November, 2006, Dean A. Johnston, Mayor ATTEST: Charles E. Dillerud, Assistant City Administrator FAuserMARBERVERRMake Elmo\Resolution-Bergmann.dn APPROVED: OCT. City of o Planning Commission Minutes of September 2006 Vice Chairman Ptacek called to order the regular meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Lyzenga, Van Zandt, Armstrong, McGinnis, Roth, Schneider, Fliflet, Pelletier, and Deziel (7:02 p.m.). STAFF PRESENT: Administrator Rafferty, Finance Director, Planner Dillerud, Assistant Planner Matzek, Fire Chief Malmquist, and Recording Secretary Anez. ALSO PRESENT: Mayor Johnston and Councilmember Johnson. Pledge of Allegiance Agenda Approval M/S/P, Armstrong/Roth to accept the Agenda as presented. Vote: 9:0. Public Hearing: CIP 2007-2011 M/S/P, Lyzenga/Van Zandt to move the Public Hearing for the CIP 2007-2011 to later in the agenda after the Minor Subdivision portion of the Agenda. Vote: 9:0, Public Hearing Amend Zoning Ordinance -Open Space Preservation Ordinance The Planner explained that about one year ago the City Council amended the AG and RR Zoning Districts by repealing Conditional Use Permits for OP Developments because pending completion of the 2030 Comprehensive Plan and completion of the Village Area Plan. He suggested that with the 2030 Plan now completed and approved, and the ability to preserve staus quo in the Village Area by development moratorium the OP process can now be re-established in the zoning ordinance. In addition, in order to meet population goals of the 2030 Comprehensive Plan, the Open Space Preservation was planned for an increase in density from 16 units per 40 acres to 18 units per 40 acres. By amending the OP ordinance to the increased allowable density, the OP Ordinance will be brought into compliance with the Comprehensive Plan. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:13 P.M. Nobody came forward to speak. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:14 P.M. M/S/P, Roth/Armstrong to recommend Section 300.07 and Section 301.06 zoning ordinance amendments as proposed by Planning Staff. Vote: 9:0. Minor Subdivision -Bergmann The Planner reported that this is a Minor Subdivision request to deduct 1.33 acres from a large parcel of more than 33 acres and add that acreage to an existing parcel of approximately 5 acres. He noted that this was a companion application to the variance for a second accessory structure that was previously recommended for approval by the Commission and subsequently approved by the Council. He explained that this was initially thought to be a simple Lot Line Rearrangement that would be an administrative action, but the City Attorney has advised that it should be a Minor Subdivision. He reported to the Commission that there has been some confusion over the ownership of the existing 5 acre parcel which resulted in the Planning Staff Lake Elmo Planning Commission Meeting Minutes of September 25, 2006 APPROVED: OCT. 23, 2006 Report conclusion as to the legal status of this proposal. He reported that, subsequent to preparation, ownership of the 5 acres was different from ownership of the adjacent parcel. Colleen Bergmann said they did not record the Contract for Deed for the purchase of the 5 acre parcel from Richard & Eileen Bergmann thinking they would wait until the parcel was joined with their homestead and record it at that time. Their water and electricity serve that barn, M/S/P, Deziel/Armstrong to approve the minor subdivision as applied for by Mr. and Mrs. Richard Bergmann to separate 1.33 acres from their parcel of approximately 33 acres and to combine thatl .33 acres with the parcel located at 11459 60`h Street North. Vote: 9:0. Public Hearing: CIP 2007-2011 The Planner Reported that the Parks Commission already made recommendations relative to the Parks portion of the CIP. Finance Director Bouthilet displayed a PowerPoint Presentation and explained the various CIP accounts. He said the CIP is a planning document with a financial component to it. The Finance Director said the CIP is not an authorization to spend; it is only authority to allocate funds. Commissioner Fliflet asked the basis for Fund Balances for each department The Finance Director said fluid balances cycle up and down with replacement of equipment. For instance, civil defense sirens have a life expectancy of 15 to 20 years, and the City will probably start putting aside money toward replacement in ten years. He explained that he is trying to anticipate conservatively what might be needed in the future. For example, if the City decided to construct a two-story city hall where duplicating equipment might need to be provided on each floor, rather than on a single floor as now assumed. The Finance Director said that Public Works fund balances increase until major equipment purchases are made. He said that the City does not replace vehicles just to meet a replacement schedule, but tries to make the vehicles last as long as possible. The Finance Director said Infrastructure Reserve has negative fund balances. He reported that $444,000 was expended on street reconstructions this year alone. There is some revenue from assessments, but $825,000 of anticipated street cost next year results in a negative Infrastructure Reserve balance, and there is no projected recovery from it within the five year CIP without alternative funding sources such as bonds. The Planner said the City Engineer maintains a street maintenance plan; and, it is important that these maintenance improvements are made on time or the costs will be much higher because an overlay project could become an entirely new street. State law says that a City can only assess the appraised market value of the street improvement to a parcel. The balance of the improvement cost has to come from the General Fund or bonding. Fire Chief Malmquist said four to five years ago the fire department stopped purchasing vehicles identical to what it is replacing. All vehicles serve multiple purposes. He identified the existing equipment for each station and the chiefs' vehicles. Lake Elmo Planning Commission Meeting Minutes of September 25, 2006 2 LaKE ELMO PLANNING COMMISSi,,,4 STAFF REPORT Date: August 24, 2007 for the Meeting of August 28, 2005 Applicant: Richard & Eileen Bergman Location: 11459 601h Street North Requested Action: Variance to Allow a Second Accessory Building Land Use Plan Guiding: RAD Existing Zoning: RR Site History and Existing Conditions: The history of these sites is both lengthy (filling nearly 4 inches of City file space) and complex — nearly defying, description. It appears that the farmstead site, including the home and the barn, were what was referred to as the John Cody Farm prior to 1977. The farm is reported by 1977 City Council Minutes as 48 acres in area. It may have been much larger at some earlier point. During 1977/1978 Rossow (who had purchased the Cody Farm) applied for and received approval of a plat to create 9 five acre lots, with the balance of the Cody Farm apparently street right-of-way for a cul-de-sac that would access directly to Highway 36. There apparently was also some zoning action regarding some or all of the lot — likely rezoning to commercial from AG. Apparently the developer never followed through with the recording of the plat or the construction of plat improvements, and was advised by the City in 1984 that the plat approval was voided. City files also refer to litigation whereby the Court apparently voided some zoning action involving the property. It therefore appear that, by 1984, the original developers had no approvals valid for the 1978 plat that included this site. Nothing appears in City files regarding this site until 1991, where it appears a title issue arises with the house on the subject site. It appears that the developer had sold the house on 2 acres by unrecorded Contract for Deed prior to the 1978 plat when this area was zoned for a minimum 5 acres. During the later platting process an additional 3 acres was added to the house site to make it legal. Even with the added 3 acres, however, the barn was still not on the 5 acres conveyed. While we can locate no building permit records, a pole building of approximately 800 square feet area was constructed (likely without a permit) within the 5 acres that had been sold with the house prior to the applicants purchasing the property (appears on the 2000 air photo). Recently the Bergmans (applicant) acquired the entire Rossow holdings (failed plat) and the house/pole barn on the 5 acres. A portion the remaining Rossow land was subsequently included in the Sanctuary plat as Outlot F, — subject to a Conservation Easement or the Minnesota Land Trust. Discussion and Analysis: The applicants desire to adjust the lot line between the 5 acre house site and their adjoining land to increase the 5 acre site sufficiently easterly to include the barn structure that was detached by earlier Rossow land sale (that created the 5 acre site). By that land sale back in the late 1970's not only did Rossow create what is now a non -conforming lot (but was not then — at least after the "extra" three acres was added), but also created an adjoining parcel that contained an accessory structure (the old barn) on a parcel that had no principal structure. No RR zoned parcel may have more than one accessory structure, and that single structure may not exceed 2,500 square feet in area. Any Lot Line Adjustment (administrative) to accomplish the applicants' proposal would result in a second accessory structure on an RR zoned parcel. In addition, the sum area of the two accessory structures that would result from the Lot Line Adjustment to include the barn on the 5 acre parcel would appear to slightly exceed 2,500 square feet. In considering the variance applied for staff notes that two existing non -conformities would be eliminated or reduced in scale: 1. By adding the land area that includes the barn to the 5 acre parcel, that parcel would become 6.33 acres in area. While the resulting parcel would remain non -conforming in the RR zone (10 acre minimum), it would be less non -conforming. Reducing the parcel on which the barn now is located by 1.33 acres will not make that parcel non -conforming by area. 2. By placing the barn on the same parcel as the house, the non -conformity of an accessory structure on a parcel without a principal structure will be eliminated. Findings and Recommendations: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested relates to divisions of lands undertaken three decades ago, by parties than the applicants responsive to zoning standards that differ from those of 2006. In addition, the 1970's land division actions illegally created a non -conformity (accessory structure on a parcel without a principal structure) that will be mitigated by the proposed variance, and therefore the circumstances are unique to these properties 3. Granting of the variances will not change the essential character of the neighborhood.. The two accessory structures already exist. Based on the foregoing staff recommends approval of the requested variance subject to approval of a Lot Line Adjustment or Minor Subdivision, or a waiver of platting by the City Council to create the new parcel that would contain the house and the two accessory structures. Planning Commission Actions Requested: Motion to recommend approval of a variance to allow two existing accessory structures on an RR zoned parcel based on the Fi gs and subject to the condition specified by the August 24, 2006 Planning Staff Report. ''-� Charles E. Dillerud, City Planner Attachments: 1. Location Map 2. Applicants' Graphics Imw ¢zaw ulYw raary nala r11N nIN "ON voon 1 It Y1YIY nn+ nwa nBN nnY 112a1J M unw IIa1W 3a \llcinity Map Mgr- .. 0 12D0 Scale in Feet 'M14YIMtipMM nMlYcmryMm W Ip:GM1v4YgMbMMIUtYMy WxnMv�XaY WYIApmfa�WYgl. Thsnn4ptlmbNwtlMnMln:x INIImngYy. WYNIIpInINpq'uM eNmNdablm/XpmuntlY. &um: W�dNpIMCOMMGImryI� Wllw. flwa16611A9ai616 W W bmEwCm A&W MMms'ui Northe orner of the W1/2 of the Northwes, Quarter of the Northeast Quarter / of Sec. 1, T29, R21 — I I I I N8904 N89°47'30"E 660.17' I I I ----t-----------I-o----------------I------------------------ I I I I Im N Mi rn " I I U)--------------- I —_—_—_—_—_—_—_—_—_—_—_-- I I I I I SOUTH RIGHT OF WAY LINE HWY. 36 z l 50 i 50 Q I v I m I l¢w o a I LL Q ✓V' L6 Nam' I M I Jp�I 6O W w w M OQ Q I z wyWI I p rye. LU ^^'� z zzo I Z Irl L a w j L 100' o 200, $dn I I I 1 1 I 0 �— m T R=197.62_'_ — I — A=333.51' I .........._D=96"41'43" :237, ................�. ...-11 \..............i................................................_................. \ rter anal all that part of the West Half of the S89°45'35"W 220.67' 'ownshjp 29 North, Range 21 West, bWS: — — - S89°45'35"W 257.62' Sanctyary, according to the recorded plat, utherly. right of way line of Minnesota State econdd East, along a westerly line of said I hereby certify that tr,es 31 Ininutes 55 seconds West, a distance of _ direct supervisionnds W st, a distance of 78.54 feet; thence Surveyor under the I�of 31 69 feet; thence South 89 degree�5 Dated this 3rd day of;e Nort 0 degrees 00 minutes 32 seconds outherl right of way line of Minnesota State P J Land Surveying, lacond East along said southerly right of Way ject tol easements of record. Orientation of this i7 Sanctwary. Paul A. Johns, I I anri Riirvmrry Ainn I SHEET 1 OF Traverse PC CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-092 A RESOLUTION APPROVING A ZONING VARIANCE FOR RICHARD AND EILEEN BERGMAN LOCATED AT 11459 60T" STREET NORTH WHEREAS, Richard and Eileen Bergman, 11459 60a' Street North, has made application for a zoning variance to allow a second accessory structure on an RR zoned parcel. WHEREAS, at its August 28, 2006 meeting, the Planning Commission reviewed and recommended approval of a variance to allow two existing accessory structures on an RR zoned parcel based on the following findings: The property can not be put to a reasonable use without the granting of the variance requested. 2. The variance requested relates to divisions of lands undertaken three decades ago, by parties than the applicants responsive to zoning standards that differ from those of 2006. In addition, the 1970's land division actions illegally created a non -conformity (accessory structure on a parcel without a principal structure) that will be mitigated by the proposed variance, and therefore the circumstances are unique to these properties. 3. Granting of the variances will not change the essential character of the neighborhood. The two accessory structures already exist. WHEREAS, at its September 6th meeting, the Lake Elmo City Council reviewed the zoning variance to permit Richard and Eileen Bergman to locate two accessory buildings on an RR zoned parcel. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council approves the zoning variance for Richard and Eileen Bergman, 11459 60a' Street N., to allow two existing accessory structures on an RR zoned parcel based on the Findings and subject to the following condition specified by the August 24, 2006 Planning Staff Report. 1. Approval of a Minor Subdivision, or a waiver of platting by the City Council, to create the new parcel that would contain the house and the two accessory structures. ADOPTED BY THE Lake Elmo City Council the 6th day of September, 2006. ean A. Johnston, Mayo Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B City Council November 21, 2006 Agenda Item: Final Plat — Farms of Lake Elmo 2°d Addition Background Information for November 21.2006: The 2005 approval of the PUD Preliminary and Final Plans/Plats of Farms included three outlots designed as building lots that could be re -platted as legal lots in the future responsive to then -contemplated amendments to the Comprehensive Plan that would increase the maximum allowable OP density to 18 per 40 acres from 16 per 40 acres. By July, 2006 that Comprehensive Plan to increase OP density to 18 units per 40 acres was approved by both the City and the Metropolitan Council. While the City continues to work toward amending its zoning ordinance text to include that change, whenever a Comp Plan and Zoning ordinance conflict (as they do in this regard today), the Comprehensive Plan prevails. Therefore, the outlots are eligible for final platting into building lots. The attached Resolution is for approval of the outlot/building lot conversion by Final Plat. All required plans, escrows, Development Agreements and fees involving these 3 lots were addressed/completed by the original Final Plat and Agreement. Action items: Perso onsible: - 13 1 Ci r Motion to adopt Resolution # 2006 — approving the Final Plat of Farms of Lake Elmo 2nd Addition. Attachments: Time Allocated: 1. Final Plat 2. Approved Original Final Plat CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-131 A RESOLUTION APPROVING THE FINAL PLAT OF FARMS OF LAKE ELMO 2ND ADDITION WHEREAS, the Lake Elmo City Council considered and approved the OP Stage Plan/Preliminary Plat, Conditional Use Permit of FARMS OF LAKE ELMO on July 5, 2005; WHEREAS, the Final Plat of FARMS OF LAKE ELMO 2°d ADDITION presented to the City Council conforms to the standards of Section 300 and Section 400 of the City Code. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council does hereby approve and accept the Final Plat of FARMS OF LAKE ELMO 2nd ADDITION, per plans staff -dated November 16, 2006 as on file with the City Administrator subject to the following conditions: 1. Compliance with the requirements of the City Engineer. ADOPTED, by the Lake Elmo City Council this 21 st day of November, 2006. Dean A. Johnston, Mayor ATTEST: Charles E. Dillerud, Assistant City Administrator 9. PLANNING LAND USE &z ZONING. A. Farms of Lake Elmo OP Stage Plan/Preliminary Plat Conditional Use Permit Resolution No. 2005-071 The City Planner reported the Planning Commission adopted a recommendation to approve the OP Development Stage Plan, OP Conditional Use Permit and Preliminary Plat of the "Fauns of Lake Elmo". The Plan designates 30 SFD lots, but also designated three outlots that could become SFD lots should the OP ordinance be amended in the future from 0.40 to 0.45 dwelling units per buildable acre. The calculations and mapping regarding Preserved Open Space must be adjusted to comply with OP ordinance standards as well. In all other respects the Development Stage Plan and Plat reflects the approved Concept Plan and conditions of approval. The Parks Commission reviewed the Plan and recommended the Public trail link running east/west through the site as consistentwith the Trail System Plan. Credit for that trail construction (and easement dedication) as a Public trail will be credited to the Park Dedication calculation of $143,460. Tim Freeman, Folz Freeman, Erickson, Inc, provided a memo that addressed the City Engineer's report. The following were items of concem: Plat — The plat states that a driveway easement thought the Outlot should be platted for the exception parcel in case the property owner wants to abandon their existing driveway. He has had conversations with this property owner,..and they like their driveway as it is. The other issue is putting an easement between two of the new homes or behind the new homes is intrusive. Streets — We strongly disagree with the engineer's assessment of the code requiring concrete curb and gutters. The lot widths in this development make installing concrete curb and gutter cost prohibitive. The City has never required concrete curb and gutter in. OP Developments in the past. M/S/ Johnston/DeLapp - to change concrete curbs to asphalt curbs hi the OP developments. Council members Conlin, Smith, and Johnson would like to look at the whole package, not just OP developments. (Motion Withdrawn) Council member DeLapp said he didn't like the double road coming into the development and the trail already exceeded the trail requirements. Mike Boutlulet said there has been preliminary discussion with Washington County who had not made a decision if there would be a trail into the Regional Park. He said it was important to do the segment out to 31't Street and the money would come out of the park dedication requirement. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 r�1 6 R 'N'a a D lYy Gl O is, Lt=F C,.\�i � \�Rmr�� .ux rx i• Y$p [a a4'e0Z ------------ kp 1 O' o • O tl --- -. I)R I I t R a In g Q e t_'L__••� __J p ______ � � R N q� lJ g. r-i , u xSJ,40.00 S I I $ V �.j O •`\lY�'o ke F p4es:rt& pry`:;.. i I p F®�� a„_4 V ti bi )g g EI`I FBL Rl!`'`-73. 9uu eve. x� O ry U'_I �S CT�g ewwvLvneuoe,„:�A'ao9�. # �J i PY� [i3II$r ,a=_� _____ ____ � cp�l ti ti �_ gg 11 q I y\� a i :C� II .y��:Yn" ;n \�`.` I� .�•. y<q�. .` r% [w °\ 1ZT—_"_—�.1�'F`r'--_" �i �y r 1\ 'li 069 I53M 3N{ A 3M1�15Y3 ` L ------------ ________—__ F I y 1�. �'� LL J35 Y/1 MN L/I N 3HI JJ ..w j i ... ZL J35 I/f MN Z/1 N 3H1 M I 1 - - % Ii 066 I53N 3H1 A 3Nl) ISY3'\ F 1J OY9 I53N 3H1 M 3N/1 J6tl3 f' „T9,00. 9 ,a ioo0 �; �I �I "-w �} �c Sp ��' s re•ro � -- � 00 N I k R 1-------- W s.,T99 Oo a i°i �s l fY 'J35+/I MN 3H1 iN 3Po1163M I \ I I I I I I �.isrm.xn I I EASEMENT DETA1 DRAINAGE AND UDNITY EASEMENTS DED2 ON THE RECORDED PLAT OF FARMS Or LAx (I TYPICALLY BEING 5 FEET IN WON AND ADJONING LOT 10 FEET IN MOTH. ADJOINRNG AYGNT OF WAYS AND BLI OTHERM5E INDICATED ON THE PLAT. N82D461 37IT 69.70 - -11 46., 9 0 0� 0 p CQ !0 o� j LOT 1 UO °O .-✓ma`s- o og " 76.91 �o N89D57'13 "W Folz, Freeman, Erickson, Inc. LAND PLANNING SURVEYING # ENGINEERING 1" 5620 MEMORIAL. AVENUE NORTH w+I, STILLWATER, MINNESOTA 55082 Ts Phone (651) 439-8833 Fax (651) 430.9331 LEGEND • DENOTES FOUND 1/2 INCH IRON PIPE MONUMENT MARKED WITH A PLASTIC CAP INSCRIBED FREEMAN LS 16989'. NOTES 1) ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE RECORDED PLAT OF FARMS OF LAKE ELMO N89052'47"W 159.74 �oo L71v- 0o LOT 2 W ------SB952'4'E-------I ~^ �� O _-_-__-234.]4------- U o CIO LOT 1 � R= 75.00 L= 39.61 L=30'15'29" ti00� 94.81 9 jyN89-52'47"W D�90 rnKmb yr LPNr CLIVIV uvUr Ul I IVIN -L . yr 1..—I. Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9C City Council November 21, 2006 Agenda Item: Final Plat — St. Croix's Sanctuary 2"d Addition Background Information for November 21. 2006: The 2005 approval of the PUD Preliminary and Final Plans/Plats of Sanctuary included seven outlots designed as building lots that could be re. -platted as legal lots in the future responsive to then - contemplated amendments to the Comprehensive Plan that would increase the maximum allowable OP density to 18 per 40 acres from 16 per 40 acres. By July, 2006 that Comprehensive Plan to increase OP density to 18 units per 40 acres was approved by both the City and the Metropolitan Council. While the City continues to work toward amending its zoning ordinance text to include that change, whenever a Comp Plan and Zoning ordinance conflict (as they do in this regard today), the Comprehensive Plan prevails. Therefore, the seven outlots are eligible for final platting into building lots. The attached Resolution is for approval of the outlot/building lot conversion by Final Plat. All required plans, escrows, Development Agreements and fees involving these 7 lots were addressed/completed by the original Final Plat and Agreement. Person responsible: Action items: = dity l finer Motion to adopt Resolution # 2006 — approving the Final Plat of St. Croix's Sanctuary 2nd Addition. Attachments: Time Allocated: 1. Final Plat 2. Approved Original Final Plat CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-132 A RESOLUTION APPROVING THE FINAL PLAT OF ST.CROIX SANCTUARY 2ND ADDITION WHEREAS, the Lake Elmo City Council considered and approved the OP Stage Plan/Preliminary Plat, Conditional Use Permit of ST.CROIX SANCTUARY on October 4, 2005; WHEREAS, the Final Plat of ST.CROIX SANCTUARY 2"d ADDITION presented to the City Council conforms to the standards of Section 300 and Section 400 of the City Code. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council does hereby approve and accept the Final Plat of ST. CROIX SANCTUARY 2nd ADDITION, per plans staff -dated November 16, 2006 as on file with the City Administrator subject to the following conditions: I. Compliance with the requirements of the City Engineer. ADOPTED, by the Lake Elmo City Council this 21 st day of November, 2006, Dean A. Johnston, Mayor ATTEST: Charles E. Dillerud, Assistant City Administrator 9. A. "The Sanctuarv" — OP Development Stage Plan/CUP/Preliminary Plnt — Resolution No. 2005-106 The City Planner reported this is an OP application to divide 153 acres into a maximum of 62 single family detached building lots, and 76 acres of Preserved Open Space. Based on the current zoning ordinance, 55 lots would be final platted and 7 potential lots would appear as outlots pending an anticipated future amendment to the zoning ordinance increasing OP density from 0.40 units/acre to 0.45 units per acre. The Preserved Open Space proposed responds in an area to the ultimate 62 lot configuration. One proposed lot (of either the 55 or 62) is proposed in return for restoration of the historic dairy barn by expenditure of at least $25,000, The OP Final Plan will be required to include specific plans and cost estimated for that barn restoration. The Planning Commission did not agree with the City Engineer's suggestions for two roundabout intersections or 26 foot wide street sections (except where the north/south street must meet MSA design standards), but does concur with the balance of the City Engineer's recommendations. The Park Commission concurred with the applicant's proposal to adjust the location of the public trail link from the south property line to the center open space outlet. They did not fully concur with the applicant's proposal that the applicant construct some features within the partial City Park that would be dedicated with the plat as credit toward Park Dedication Fees. The Park Superintendent was asked to review the future City park site to determine what improvements the developer could make during his construction phase -perhaps grading —that could be Park Dedication credit but not result in automatically placing this partial park site ahead of other necessary park/trail improvements elsewhere in the City. There was Council concurrence on the lots designated in red on the copy of the preliminary plat that has been signed by the Planner shall not be developed unless the City changes its regulations to permit a greater density, and if the City does not permit a greater density, those lots will become land trust conservation easements or open space easements. There was Council concurrence that Lots 1-7, Block 2, shall be reduced in lot depth, and Outlot B increased in area to preclude private property ownership of any portion of MN DNR protected Wetland 482-316W or the 15 foot vegetative buffer to the wetland required by the VBWD. There was Council concurrence that the OP Final Plan submission shall include construction detail and costs estimate for the restoration of the historic barn site M/S/P Smith/Conlin — to adopt Resolution No. 2005-106, A Resolution Approving the OP Development Stage Plan Conditional Use Permit, and Preliminary Plat of The Sanctuary -including -the eight conditions stated in the Resolution. (Motion passed 4-0). LAKE ELMO COUNCIL MINUTES OCTOBER 4, 2005 MIM 6-JM Mmmm—j sir Mg - - - - -- - - - - Si A-i t N W O E S ORIGINAL SCALE 1 INCH = 80 FEET 0 40 80i�i0 SCALE IN FEET 9N Folz, Freeman, Erickson, Inc. LAND PLANNING • SURVEYING • ENGINEERING 5620 MEMORIAL AVENUE NORTH w e STILLWATER, MNNESOTA 5508Z s Phone (651) 439.8833 F. (651) 430.9331 4 N90"00'00'E 171.33 BLOCK FOUR c LOT I W � o o O cl� C Lo, 0s_ h _ l R=42.00 LOT 1 I I (/ L=39.04 v� A=53"1528»'-� CB=N04°23'5; ati LEGEND • DENOTES FOUND 112 INCH IRON PIPE WIN PLAS71C CAP INSCRIBED FREEMAN IS 16989". NOTES 1) GRIENFA770VV OF THIS BEARING SYSTEM IS BASED OR IHE RECORDED PLAT OF ST.. CROWS SANCTUARY 2) N£TLANDS DELINARON BY MCOIIB FRANK ROOS AI47 ASSOC., Am 2005, 14800 287H AVE. NORTH, PLYMOUTH. MN 55447 u i. wcvLn A Anlvl. L UAtt T LNL) AL/UI 11VN SHEET I OF 2 SHEEI Tom Bouthilet From: Janice Clark jjclark@pfb-pa.com] Sent: Tuesday, November 21, 2006 2:58 PM To: deanjohnston@comcast.net Cc: johnsonliz@att.net; dnr.conlin@comcast.net; rita.b.carlson@decisionone.com; scdelapp@earthlink.net; Greg Malmquist; Tom Bouthilet; johnsone@unitedwaytwincities.org Subject: Ladder Trucks ** Reply Requested When Convenient ** THE FOLLOWING MESSAGE HAS BEEN SENT AT THE DIRECTION OF JERRY FILLA: Dear Mayor Johnston & Lake Elmo City council: As a general rule, the Minnesota Public Contracting Law(MS471.345 Subd. 3) requires the City to obtain sealed bids on contracts for the purchase or rental or equipment if the estimated amount of the contract will exceed $50,000.00. However, if the equipment which the City intends to purchase or rent isa non-competitive item, the City does not have to comply with the sealed bid requirements (MS 471.36). There are no statutory guidelines for determining whether an item is non-competitive but the Minnesota League of Cities suggests that the City go through the following process in order to establish some basic due diligence: A. Interview the department head, city staff member or equipment acquisition committee who is proposing that the certain specific product be acquired and ascertain the following: 1. The rationale for acquiring the product; and 2. The steps taken to investigate not only the product that they are seeking to acquire, but also any other products which might be competitive. B. Interview the source from whom the proposed product will be obtained to determine why they view their product as unique and non- competitive. C. Review any and all literature and promotional material concerning the product. D. Do a basis internet search to determine if there are any competitive products. E. Consult with the city Engineer, if applicable, or other city consultants. I spoke to the manufacturer of the 100' and 75' ladder trucks. The manufacturer indicates that the specifications for the existing trucks are unique because the trucks were custom made for a particular fire department. The manufacturer also indicated that there may be similar, although not identical, new and/or used trucks available on the market. Given this fact, in my opinion, the City should test the market and require sealed bids for trucks which are the same or substantially similar to the existing trucks. The bid instructions should request that the bid responses include delivery dates for the specific bid item. The City is required to publish the request for bids once in the City's official newspaper at least ten (10) days in advance of the last day for submitting bids (MS 412.311). The City can also send bid requests to known manufacturers of the specified equipment. The process which can be followed by the City to determine if there are any competitive items is not very time consuming. It is my understanding that the 100, ladder would still be available..at theend ofthat process if.the City is interested. If you have any questions, please contact me. Very truly yours, /s/ JPF 1 M City of Lake Elmo and Susan Hoyt PROJECT DIRECTOR EMPLOYMENT AGREEMENT THIS PROJECT DIRECTOR EMPLOYMENT AGREEMENT, entered into this _ day of , 2006 by and between the CITY OF LAKE ELMO, Minnesota municipal" corporation ("City") and SUSAN HOYT ('Project Director"). TERMS AND CONDITIONS OF THE PROJECT DIRECTOR EMPLOYMENT 1. EMPLOYMENT. Upon the terms and conditions set forth in this agreement, the City hereby contracts with the Project Director to perform project management duties. 2. TERM OF EMPLOYMENT AGREEMENT. The initial term of the Employment Agreement shall be from November 1, 2006 through April 30, 2007. The Employment Agreement can be extended upon mutual agreement of the City and the Project Director. 3. DUTIES. For purposes of this agreement, it is understood and agreed between the parties that the Project Director will provide project management services to the Mayor and City Council and to the Interim City Administrator for projects identified by the Mayor and City Council. The Project Director shall report both to the Mayor and City Council and to the Interim City Administrator. 4. SCHEDULE. The Project Director shall not be less than 15 hours per week or more than 45 hours per week. Paid hours beyond 45 hours per week shall be approved in advance by the Mayor and City Council. The Project Director will attend city meetings, including staff meetings, as requested and required to fulfill herjob duties. 5. TRAVEL Travel to and from work will not be counted as time worked. Travel within the Twin Cities Metropolitan Area In connection with job duties shall be billed as time worked. 6. COMPENSATION/BENEFITS. The Project Director will be compensated at $45.00 per hour of service. As a contract employee, the Project Director compensation shall be subject to federal and state income tax withholding deductions, FICA and Medicare deduction. The Project Director wishes to contribute to the Public Employees Retirement Association (PERA) at the current contribution rate. The Project Director will not expect the City to contribute toward PERA. The position of Project Director is an executive, exempt position under the Fair Labor Standards Act (FLSA) and shall not be eligible for cash overtime or compensatory time in lieu of overtime. The Project Director shall not be eligible for nor shall she receive any fringe benefits from the City of Lake Elmo as enumerated in the above paragraph. By way of example and without limitation, the Project Director shall not be eligible for City group insurance benefits, paid holidays, vacation, sick leave or severance. The. Project Director wili_be_paid, fior-automobile-travel expenses incurred Elmo, The Project Director will be reimbursed for out of pocket expenses incurred for performing the duties of this job that are directly related to performing the job duties. This reimbursement will not include any cell phone charges or overhead for her off site office space or her off — site office equipment and supplies. 7. OFFICE ACCOMODATIONS. The Project Director shall be provided office space in city hall for performing her duties and provided some office support staff services as needed tp perform her duties. From time to time, she may perform some of her duties from her own off -site office such as writing reports and scheduling future meetings. 8. EMPLOYMENT-AT-WILLITERMINATION. The City and the Project Director acknowledge and agree that the position of Project Director is an employee -at -will position of a temporary nature. Neither the Project Director nor the City is bound to continue the employment relationship if either chooses, at its will, to end the relationship at any time, with or without cause. Neither party shall be entitled to any type of hearing to appeal or challenge the determination of the other party to terminate the employment relationship. City shall be required to give the Project Director not less than thirty (30) days advance notice of termination of employment. The Project Director shall provide to the City thirty (30) days advance written notice of her intent to voluntarily terminate her employment with the City, unless the City agrees to a lesser amount of notice time. 7. INDEMNIFICATION. Employer shall defend and indemnify Employee pursuant to Minn. Stat. § 466.07 and § 465.75. In addition, Employer shall defend, hold'harmless, and indemnify Employee from all torts; civil damages, penalties, and fines; violation of statutes, laws, rules, and ordinances, provided the Employee was acting in the performance of the duties of the position. 8. GENERAL PROVISIONS: a. Notices. All notices, requests and demands given to or made pursuant to this Employment Agreement shall be in writing and personally delivered or mailed, postage prepaid, as follows: To City: The Mayor and City Council City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 To Project Director: Susan Hoyt 2217 Foiweli Avenue Falcon Heights, Minnesota 55108 b. Complete Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreements between the parties. This Agreement can only be modified by written agreement of both parties. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. If the parties disagree upon the interpretation of this Agreement, and cannot resolve their differences in good faith, the parties agree to request non- binding mediation from the Minnesota Bureau of Mediation Services. Each party will be responsible for its own attorneys' fees, and the parties will split equally any other mediation fees. c Lege4ity: -The parties -covenant -and -and-agree the-provision&con tacned,herein. are - - reasonable and are not known or believed to be in violation of any federal or state law or regulation. In the event a court of competent jurisdiction finds any provision contained herein to be illegal or unenforceable, such court may modify such provision to make it valid and enforceable. Such modification shall not affect the remainder of this Agreement which shall continue at all times to be valid and enforceable. No payment may be made under this Agreement in excess of the maximum amount permitted by applicable law. IN WITNESS WHEROF, the parties hereto have caused this Project Director Employment Agreement to be executed the day and year first above written. CITY OF LAKE ELMO 0 Mayor AND: City Clerk PROJECT DIRECTOR Susan Hoyt 3