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HomeMy WebLinkAboutOctober 17, 2006 CCPLake Elmo City Council Agenda October 17, 2006 Page 2 S. CITY ENGINEER'S REPORT: A. Adopt Assessments for the Phase IV Water Interconnect Project -Resolution No. 2006- ;Response to the two objecting Property Owners B. Award Bids for Plumbing Contract A and B; Resolutions No. 2006-110,111 C. Authorization for Sanitary Sewer Study for Old Village D. Approve Plans for Well Sealing for Contract A and B; Resolution Nos. 2006-112, 112 E. Water Service Right of Entry-Tablyn Heights Water Project (Resolution will be handed out.) 9. PLANNYNG, LAND USE &ZONING: C. Dillerud A. Hardy House Move 10. CITY ATTORNEY'S REPORT: 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 October 18,30, 6:30, Special Planning Commission Meetings on Zoning DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING OCTOBER 3, 2006 L AGENDA 2. MINUTES: September 19, 2006 3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL: 4. CONSENT AGENDA: A. Resolution No. 2006-101: Approve Claims B. Resolution No. 2006-102: Partial Payment Park Construction C. Resolution No. 2006-103: Partial Payment CB & I D. Resolution No. 2006-104: Final Payment G.M. Contracting, Inc. - Water Systems 5. FINANCE: 6. NEW BUSINESS: A. Set Date for Parks Commission and MAC Interviews (addition) 7. MAINTENANCE/PARK/BUILDING: A. Building Dept.: (1) Movement of Building onto Hardy Property (2) September Building Activity Report B. Fire Dept.: (1) Joint Fire Dept. and Planning Commission Workshop — Fleet Plan (addition) 8. CITY ENGINEER'S REPORT: A. Public Hearing: Resolution No. 2006-105, Adopting Assessments: Proposed Assessments for Phase IV Water Interconnect Project B. Ordinance No. 97-182: Extend "No Parking" on 15`h Street to Ivy Avenue C. Resolution No. 2006-107: Approve Plans for SCADA (Supervisory Controls and Data Acquisition) D. Resolution No. 2006-106: Award Contract for Northern Water Main Extension E. Riley Construction Update — verbal 9. PLANNING, LAND USE & ZONING: A. Zoning Ordinance Amendment -Accessory Buildings (postponed) B. Ordinance No. 97-180: Septic Pumping and/or Inspection C, Xcel Fly Ash Landfill Siting — Update on Meeting D, Ordinance No. 97-182 (AG), Ordinance No. 97-183 (RR), Ordinance No. 97-184 (OP): Re-Establish/Modify OP Development — Amend AG, RR and OP E. Ordinance No. 97-185: Development Moratorium — Village Area F. Village Area Planning (verbal) G. Seasonal Sales (addition) 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. St. Croix Family Community Center 12. CITY COUNCIL REPORT: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 DRAFT Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers, COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson and Smith. STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud, Building Official McNamara, Finance Director Bouthilet, Fire Chief Malmquist, City Engineer Prew, City Attorney Filla, City Clerk Lumby and Recording Secretary Freeman. Pledge of Allegiance: L AGENDA: Additions: 6A: Set Date for Parks Commission and Maintenance Advisory Commission Interviews; 713: Fire Dept. Fleet Plan workshop; 9G: Seasonal Sales in RR zone; 12A: Complete Administrator's Review. Changes: 2: Minutes — move to end of meeting. Removed: CLOSED MEETING: Park Construction /EBI M/S/P DeLapp/Johnson — to approve the October 3, 2006, City Council Agenda as amended. (Motion passed 5-0) 2. MINUTES: M/S/P DeLapp/Smith — to direct Staff to review the September 19, 2006, City Council Minutes, make changes and email the corrected/changed minutes to City Council. (Motion passed 3-2: Johnson and Conlin) 3. PUBLIC INFORMATIONAL/PUBLIC INQUIRIES: A. Public Informational: None B. Public Inquiries: Ms. Kathy Saltzman introduced herself as a candidate for State Senator District 56 and shared the concerns she has heard, as she has been door knocking. 4. CONSENT AGENDA: A. Resolution No. 2006-101: Approve Claims M/S/P Johnson/Conlin — to approve Resolution No. 2006-101, approving Claim Numbers 350, 351, DD910 through DD923, 29733 through 29745, were used for Staff Payroll dated September 28, 2006; 352, 29746 through 29797, in the total amount of $818,448.30 are hereby approved. (Motion passed 5-0) B. Resolution No. 2006-102: Partial Payment to Park Construction M/S/P Johnson/Conlin — to approve Resolution No. 2006-102, authorizing Partial Payment No. 3, Tablyn Park/Lake Elmo Heights Water Main, to Park Construction Co., in the amount of $472,571.77. (Motion passed 5-0) C, Resolution No, 2006-103: CB & I Constructors Inc Council Member Smith asked 'ifthe City has completed the agreement regarding the 10- year water tower warranty discussed previously, including the monitoring at the 6-8-10 year intervals. She noted that it seemed illogical that the same firm that was supplying LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 DRAFT the warranty would also be doing the periodic inspections of the tower's structural condition. City Engineer Prew informed the Council that the warranty agreement is still being reviewed by CB & I, and will be presented at a future City Council meeting, M/S/P Johnson/Conlin --to approve Resolution No. 2006-103, authorizing Partial Payment No. 7, Elevated Water Storage Tank No. 2, to CB & I Constructors, Inc., in the amount of $109,346.43. (Motion passed 5-0) D. Resolution No. 2006-104• G. M. Contracting, Inc M/S/P Johnson/Conlin — to approve Resolution No. 2006-104, authorizing Partial Payment No. 3, Water System Interconnect — Phase II, to G. M. Contracting, Inc., in the amount of $18,448.33. (Motion passed 5-0) 5. FINANCE: None 6. NEW BUSINESS: A. Set Interview Date for Parks Commission and Maintenance Advisory Commission Applicants: A. City Clerk Lumby informed the Council that the Maintenance Advisory Commission and the Parks Commission each have one opening. Two applications have been received for each Commission. The City Clerk is requesting Council direction regarding scheduling of interviews and a time frame. M/S/P Johnson/Johnston - to direct Staff to schedule the applicants for 10-minute interviews on Tuesday, October 17, 2006, at 6:00 p.m., prior to the regular City Cotmcil meeting. Staff will inform Council of the interview schedule. (Motion passed 5-0) 7. MAINTENANCE/PARK/BUILDING: A. Building Dept.: (1) Movement of Building onto Hardy Property The Building Official reported that a Building Permit had been issued in November 2006, to move a home in Lake Elmo. The home is still on blocks, creating a safety hazard because no fence has been placed to surround the hole in which the home has been placed pending construction of footings and foundation. He stated that at least a fence was needed around the open hole to mitigate what he views as a hazard to the public. He reported that three Certified letters have been mailed to the property owner regarding installation of the fence, and no action has occurred. He reported that he has issued a citation regarding this public health/safety hazard. Linda Hardy, 2742 Ivy Avenue North, stated that a fence will be put around the property by Wednesday, October 4, 2006. She also stated a contractor will have the house on the foundation by the end of October 2006, and is requesting an extension of the time allotted to complete the project until July 2007. The Council discussed the health and safety hazards as a priority and determined that Staff has the authority to move forward. They noted that due to the amount of mud and soft ground, the house is not stable and the hole excavated for the new basement needs to be secured. LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 DRAFT City Attorney Filla informed Council that the City has a Letter of Credit securing the house moving project and required improvements to the house, which expires November 10, 2006. The City cannot act on the property until then. If the property is a nuisance, the owner then has five (5) days to complete the project. Resolution 2005-118 requires the work to be completed by November 1, 2006. City Administrator Rafferty stated that Ms. Hardy should return to the October 17, 2006, City Council meeting, with the expectation that the fence is up by the end of day, October 4, 2006, and the footing/foundation completed by that Council meeting. He also proposed there be a developer's agreement, with milestones, if an extension is granted beyond November 1, 2006, for the remaining work. (2) September Building Activity Report Building Official McNamara reported that new residential construction has continued its slow pace through the month of September. B. Fire Dept.: (1) Joint Fire Dept. and Planning Commission Workshop — Fleet Plan Fire Chief Malmquist requested Council to schedule a joint workshop session with the Planning Commission and the Council to discuss a Fleet Plan, Council requested that a meeting not be scheduled until after November 7, 2006, Election He reported that Fire Prevention Week is October 8-14, 2006, and Open Houses will be held at both Fire Stations, from 6:00 p.m. — 8:00 p.m., on Monday, October 16, 2006, The Fire Chief also reminded residents that when they change their clocks, it is a good time to change the batteries in their smoke detectors. 8. CITY ENGINEER'S REPORT: A. Public Hearing: Resolution No. 2006-106, Adopting Assessment for the Water Interconnection Project— Phase IV The City Engineer presented the proposed assessment roll, which was based on appraisals of increased property value resulting from the water service. He reported that the proposed assessment amounts are the same as those earlier reported to the Council, with the exception of the Prairie Ridge Office Park. The office park complex requested three additional water services be installed to provide drinking water. Excluded from the assessment were the wetlands. Mayor Johnston opened up the Public Hearing at 8:48 p.m. Mayor Johnston read for the record, letters from Joan Tauer, 8633 341h Street North, and Dennis Ostrander, 8611 34"' Street North, indicating their objection to the proposed assessments. There was no one to speak for or against the proposed assessments. Public Hearing Closed at 8:57 p.m. LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 4 DRAFT City Attorney Filla requested that the City make Findings, and make a determination regarding each of the objections. M/S/P Johnson/Smith — to table and have the City Engineer return with additional information on the assessments for the Water Interconnection Project — Phase IV, by preparing responses to the two residents objecting to the proposed assessments. (Motion passed 5-0) B. Ordinance No. 97-18 1• Extend "No Parking" 15th Street to Ivy Avenue City Engineer Prow informed Council that complaints had been received from residents on 15th Street regarding people parking their vehicles on the street and walking into the Lake Elmo Park Reserve. He is recommending extending the "No Parking" signs one- half (1/2) mile West from the edge of the park along 15th Street North. This recommendation does not include the cul-de-sac street within the Cardinal View development. M/S/P Conlin/DeLapp — to approve Ordinance No. 97-181, relating to Section 1005.04 (1) (Parking Prohibited 15th Street to Ivy Avenue) to the Lake Elmo Municipal Code. (Motion passed 5-0) C. Resolution No. 2006-107: Approve Plans for SCADA (Supervisory Controls and Data Acquisition City Engineer Prow explained that SCADA is an electronic monitoring system that will enable the Public Works Superintendent to access information regarding the status of city wells, water towers and ultimately the sewer lift station. All information regarding these facilities will be available at the Public Works garage and Public Works Superintendent will be able to operate the various valves and settings remotely from that location. He reported that the SCADA System was included in the original cost estimates of the water tower estimate. M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-107, approving Plans and Specifications and Ordering Advertisement for Bids SCADA (Supervisory Controls and Data Acquisition). (Motion passed 5-0) D. Resolution No. 2006-106: Award Contract for Northern Water Main Extension The City Engineer informed Council that property acquisition is complete, and recommends awarding the bid to G.M. Contracting, Inc. Council Member Smith requested clarification of the contract as the route has changed with the new alignment proposal by the Bergmann's. City Engineer Prow said that plans will be revised and the agreed upon alignment will be used for constructing the pipe. He noted that there will be little or no additional construction cost related to the realignment. The City Attorney said the title work needs to done but construction on the property can begin. City Engineer Prow stated a Change Order, extending the completion date, will be presented to Council at the next meeting. LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 5 DRAFT M/S/P Johnson/DeLapp — to approve Resolution No. 2006-106, awarding the Bid for the Northern Water Main Extension, to G. M. Contracting, Inc., in the amount of $411,812.68. (Motion passed 5-0) E. Update on Riley Construction: verbal The City Engineer informed Council that Riley Construction and Staff met last week. The status of remaining Phase I and Phase III water extension work was reviewed and a firm agreement was reached. Restoration and clean-up will be done by October 20, 2006. 9. PLANNING, LAND USE & ZONING• A. Ordinance No. 97-180• Zoning Ordinance Amendment —Accessory Buildings The City Planner informed the Council that the City Attorney has drafted an amendment to the zoning ordinance regarding allowable accessory buildings in the "non -conforming" AG zoning district as had been directed by Council. He explained that the draft was being first presented to the Council for concurrence as to intent prior to beginning the prescribed zoning ordinance amendment process. The City Attorney reported that the previously approved City Council interpretation of allowable areas of accessory in the Non -Conforming AG zoning district is somewhat unclear. As such he had provided two drafts of the proposed text amendments for Council review and direction. M/S/P Smith/Johnson — To send the draft Ordinance 97-180 (draft 2), relating to Accessory Building, to the Planning Commission for review with the following modifications - change the wording for AG non -conforming, up to 10 to read: "Two (2) two buildings with a combined area not to exceed two thousand (2000) square feet." (Motion passed 5-0) B. Ordinance No 97-18 1• Septic Pumping and/or Ins ection The City Planner explained the City's septic pumping ordinance. He advised that residents are notified about overdue pumping, but the City has had less than effective follow-up procedure until recently. Several residents have informed the City about their need to not pump regularly due to their smaller household status. The City Planner suggested that a simple inspection and report of findings every two years could be substituted for the actual pumping, if not pumping is found not to be required. Council questioned if pumpers recognized the various problems and if the pumpers were required to be licensed. The Building Official informed Council that there were various levels of septic certification and that pumpers could attain the necessary inspection certification if they chose. M/S/P Conlin/Johnson — to adopt Ordinance No. 97-181, amending Chapter 700 of the City Code to permit substitution of licensed or certified septic inspections for septic pumping every two (2) years where such inspections find no septic pumping is required. (Motion 5-0) C. Xcel Fly Ash Landfill Siting: Verbal The City Planner reported that he had attended the Xcel West Lakeland Fly Ash Fill Scoping Environmental Assessment Workshop (SEAW) Public Meeting held on LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 DRAFT September 21, 2006, at OakLand Jr. High. The intent of the meeting was to inform the public about the EA W process and the need to submit, in writing, suggestions as to what additional subjects the MPCA staff needed to address in the Environmental Impact Statement. He advised that City Staff will continue to review the draft SEAW and intend to submit comments by the October 26, 2006, SEAW comment deadline. D. Ordinance No. 97-182 (AG) Ordinance No 97-183 (RR), Ordinance No. 97-184 (OP): Re-Establish/Modify OP Development — Amend AG, RR and OP The City Planner reported that the Planning Commission recommends re-establishing OP residential development as a Conditional Use in the RR and AG zones, and increasing the allowable OP development density to 18 units per 40 acres (0.45 units per acre) to be consistent with the 2030 Comprehensive Plan. Responding to a Council question regarding the increase in density, the City Planner explained that the increase in allowable density from 16 to 18 units per 40 acres was a part of an overall Comprehensive Plan strategy to comply with the City/Met Council Memorandum of Understanding (MOU), as to City-wide with the residential unit counts. Council Member DeLapp suggested that the increased OP density that would be available to developers should be matched by enhanced development requirements by the City specifically, OP project landscaping. He reviewed some potential landscape requirement amendments that he would propose in that regard. M/S/P Johnson/Conlin — to approve Ordinance No. 97-182 (AG), Ordinance No. 97-183 (RR), and Ordinance No. 97-184 (OP), as recommended by the Planning Commission. (Motion passed 5-0) M/S/P — Johnston/Smith — to direct Staff to present the amended OP landscaping requirements, as shared by Council Member DeLapp, to the Planning Commission for consideration. (Motion passed 5-0) E. Ordinance No. 97-185: Development Moratorium —Village Area The City Planner reported that he is recommending adoption of a new development Moratorium for the Village Area pending completion of the Village Area planning efforts that have been contracted by the City. He suggested that the moratorium could be as long as 12 months, but that six months may be more appropriate in this case. M/S/P Conlin/Johnson — to approve Ordinance No. 97-185, adopting a Development Moratorium of the Village Area through the end of March 2007, based on the need to complete land use planning and design contracted by the City for this area. F. Village Area Planning (verbal) The City Planner informed Council that the Village Area planning team has conducted numerous meetings with landowners, state agencies, and the Met Council regarding the details of the Village Area Plan Concept. The Planning Team has requested a Workshop with the City Council to review their work to date. LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 7 DRAFT It was the consensus of the City Council that the City Administrator should set up a City Council Workshop to exclusively address the Village Area planning team at the earliest possible date. G. Seasonal Sales Council Member Smith advised the Council that she had received a disturbing telephone call from a resident over the past weekend regarding the seasonal sales of pumpkins by the Ziertman's at their residence in the RR zoning district. Council Member Smith then reviewed State Statute and historical City documents for the City Council which, she concluded, establishes that sales of agricultural produce in the RR zone is legal in Lake Elmo. She also reported that the party complaining about the pumpkin sales at the Ziertman residence herself previously sold pumpkins at her residence. City Attorney Filla stated that he has for 15 years, and continues to believe, that seasonal sales of agricultural produce is not a use allowed by the Lake Elmo zoning ordinance in the RR zoning district but is specifically allowed in the AG zoning district. Resident Diane Sessing, 5699 Keats Avenue North, advised the City Council that she had complained to Council Members regarding the pumpkin sales at the Ziertman residence. She noted that she had indeed sold pumpkins at her residents as well, in the past, but ceased those sales to the public after 2003 when she was advised that such sales were not legal in the RR zone. M/S/P Conlin/Johnson — to direct Staff to enforce the Code as indicated by the City Attorney. (Motion passed 4-0:1 DeLapp-Absent) City Administrator Rafferty advised the Council that the processing time for any citation the City may issue will likely carry forward to beyond Halloween, after which pumpkin sales will likely cease anyway. M/S/F Johnston/Smith — to suspend consideration of issuing as violations a citation until after Council further discusses the issue of seasonal sales of agricultural produce, including amending the zoning ordinance to allow such sales in the RR district. (Motion Failed 2-3: ROLL CALL: Johnston -yes, Smith -yes, DeLapp-no, Johnson -no, Conlin -no) Mayor Johnston indicated that he thought the issues remain unresolved as to the legality of the pumpkin sales based on Council Member Smith's research and report. As such, he opposed the motion, Council Member Conlin questioned the rationale of suspending consideration with a clear Code violation apparent, and asked the City Attorney if he thought there was any risk to the City by postponing action. Mayor Johnston indicated that he sensed an interest by the Council in amending the Code to allow these seasonal sales in the RR district. LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 DRAFT M/S/P Johnston/Smith — to amend the motion to include directing the Staff to enforce the Code as indicated by the City Attorney, and to direct Staff to draft a proposal which will allow seasonal sales in rural residential zoning district. This would include analysis of variables, such as definition of AG, rural farm, urban farm, seasonal sales and signs. (Motion 4-1: Smith - believes that the current Code boos allows rural residential farm pumpkin sales) 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: A. St. Croix Family Community Center: The City Administrator reported that the site selection has not been made yet. Mayor Johnston informed the Council that two of the cities being considered requested the delay until October 23, 2006, Council Member DeLapp questioned why the City would want to give 20 acres to the Community Center. Mayor Johnston stated that the City would retain ownership of the property, but it is a Council decision - one to be made by the Council if Lake Elmo is chosen as the primary location for the Community Center. B. Park & Ride: The City Administrator informed Council that Arlene McCarthy and her staff would like to give a presentation about the proposed Park & Ride in Lake Elmo to the City Council at the October 17, 2006, meeting. Council Member Smith informed Council that she had toured other Park & Rides in the Metro area. Council asked what other Park & Rides are planned nearby; are these seven acres proposed for the Lake Elmo Park & Ride at the best and highest allowable usage for the City; and why the rush for this decision? Council Members Johnson and DeLapp indicated that they will not be at the next Council meeting. 12. CITY COUNCIL REPORT: A. Mayor Johnston requested that the Council complete the City Administrator's Performance Review at the Council Workshop on October 10, 2006. Council agreed that the meeting would be held one hour prior to the Workshop, in a Closed Session at the Administrator's request. B. Council Member Conlin: None C. Council Member DeLapp informed Council that he had been invited to attend the Women's Club as a Council Member of Lake Elmo. D. Council Member Johnson: None E. Council Member Smith LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 DRAFT F. Attorney Filla informed Council he would discuss Outdoor Social Events at the Council Workshop on Tuesday, October 10, 2006. Council meeting adjourned at 10:38 p.m. Resolution No. 2006-101: Approving Claims Resolution No. 2006-102: Approved Partial Payment No. 3 to Park Construction Company fore Tablyn Park/Lake Elmo Heights Water Main Resolution No. 2006-103: Approved Partial Payment No. 7 to CB & I Constructors, Inc. Resolution No. 2006-104: Approved Final Payment to G. M. Contracting, Inc. for Water System Interconnect — Phase II Project Resolution No. 2006-106: Awarding Bid for the Northern Water Main Extension Resolution No. 2006-107: Approved Plans and Specifications and Ordering Advertisement for Bids — SCADA Ordinance No. 97-180: Amending the Lake Elmo Municipal Code Relating to Maintenance of Sewage Tanks Ordinance No. 97-181: Section 1005.04 (1) (Parking Prohibited) to the Lake Elmo Municipal Code Ordinance No. 97-182: Conditional Uses in the Agricultural Zone Ordinance No. 97-183: Conditional Uses in the Rural Residential Zone Ordinance No. 97-184: Relating to Open Space Preservation Relating to Densities Ordinance No. 97-185: Adoption of a Development Moratorium in the Village Area LAKE ELMO CITY COUNCIL OCTOBER 3, 2006 10 CITY OF LAKE ELMO CITY COUNCIL MEETING SEPTEMBER 19, 2006 L AGENDA 2. MINUTES: September 5, 2006 3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL: A. PUBLIC INQUIRIES: 4. CONSENT AGENDA: A. (1) Resolution No. 2006-096• Approvin Claims g (2) Resolution No. 2006-097: Approving Claim Monthly Operating Report 5. 6. FI N1 M. A. Cl A. B. C. D. E. 9. PL A. B. C. D. 10. Cl (not adopted) hicle & Trailers Work - Tablyn ;rbal ment (addition) Church Site — Annexation A. North Water Mai Tension Easements: Resolution No. 2006-100 (verbal) B. Legal Intricacies of Bergman Variance (addition) 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 REMINDER: September 20, 2006, at 6:30 p.m., Special Planning Commission Meeting on Zoning October 2, 2006, at 6:30 p.m., Special Planning Commission Meeting on Zoning LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 DRAFT Mayor Johnston called the Council meeting to order at 7:00 p.m, in the Council Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson and Smith. STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, Fire Chief Malmquist, City Engineer Prew, City Attorney Filla and Recording Secretary Freeman. Pledge of Allegiance: 1. AGENDA: Additions: 8E: CBI status and Update on water tower guarantee document agreement; 9C: Access to Sunfish Lake Park from Jamaca Blvd; 1 OB: Legal Intricacies of Bergman Variance; I IA: Explanation of METC Park & Ride attending the Council Workshop about Park and Ride. Changes: Move 7A (1) and (2) to 3A (1) and (2): Fire Dept, Deletions: 9C: Park & Ride M/S/P Johnson/Smith — to approve, the September 19, amended. (Motion passed 5-0) 2. MINUTES: ``= M/S/P Johnson/Conlin — to approve the September (Motion passed 4-0-1: Johnson abstainedt bsent) M/S/P Conlin/Johnston — to amend the Item 9A: Resolution No. 2006-092: Zo (Motion passed 4-0-1: Jo: with the number and size question of hardship. M/S/P Conlin/Johnsri' Item 9D: MetropoIitan (Motion passed 4 0,1: J M/S/P Conlin/J Agenda as City Council Minutes, Council Minutes ;e — Richard and Eileen Bergman. Council Member Smith is concerned site and also has concerns with the September 5, 2006, City Council Minutes, ssion-Lake Elmo Airport 2025 Plan the September 5, 2006, City Council Minutes, Item 4G: Pay Estimate f8r'Vater Tower: CB & I Constructors. (Motion passed 4-0-1: Johnson abstained -absent) M/S/P Conlin/Johnston — to amend the September 5, 2006, City Council Minutes Item 9A: Resolution No. 2006-092: Zoning Variance — Richard and Eileen Bergman. (Motion passed 4-0-1: Johnson abstained -absent) M/S/P Conlin/Johnston — to amend the September 5, 2006, City Council Minutes Item 7A (1): Parks Dept.: Carriage Station Basketball Court (Motion passed 4-0-1: Johnson abstained -absent) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 2 DRAFT M/S/P Conlin/Johnston — to amend the September 5, 2006, City Council Minutes Item 9E: Xcel Fly Ash Landfill Siting, (Motion passed 4-0-1: Johnson abstained -absent) M/S/P Conlin/Johnston — to amend the September 5, 2006, City Council Minutes Item 3A (1): CIC Presentation on Senior Housing. (Motion passed 4-0-1: Johnson abstained -absent) 3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL• A. Public Inquiries: None B. Public Informational: Mayor Johnston informed the residents about the upcoming Ice Cream Social to be held on Sunday, September 24, 2006, from 2 — 4 pm., at the restored District 12 school house. Donations are welcome. 4. CONSENT AGENDA: A. (1) Resolution No. 2006-096• Approvin Claim's'" M/S/P Johnson/DeLapp — to approve Resolution No. 2006-0.9,.6, approving Claim Numbers 348, 349, DD885 through DD909, 29655 through'29677, were used for Staff Payroll dated September 14, 2006; 29654, 29678 through 29731, in the total amount of $889,574.74 are hereby approved. (Motighpassed 5-0) Council Member Smith requested clarification of the payment to the Sessings. Attorney Filla explained that per court order, the City would pay $3,000.00 immediately and reimbursement of the building permit=plus interest, The remaining $1,000.00 would be paid after the 3-sided buildtn"g''was down and the materials removed within seven days of the tear down. Y (2) Resolution'No 2006-097: Approving Claim M/S/P DeLapp� lin to approve Resolution No. 2006-097, approving Claim Number 29732, in the total amount of $270.00, is hereby approved, (Motion passed 4-0-1, Council Member Johnson Recused herself) B. Monthly O ep rating Report: M/S/P Johnson/DeLapp — to approve the August 2006 Monthly Operating Report as presented. (Motion approved 5-0) C. Written July 2006 Contruction Activity Report: M/S/P Johnson/DeLapp — to accept the July Construction Activity Report as provided by the Building Official. (Motion passed 5-0) 5. FINANCE: None 6. NEW BUSINESS: None LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 DRAFT 7. MAINTENANCE/PARK//FIREBUILDING: A. Fire Dept.: Chief Malmquist (1) Place Mark Yost as a Probationary Member Fire Chief Malmquist requests Council approval to place Marls Yost as a Probationary Member of the Lake Elmo Volunteer Fire Dept. M/S/P DeLapp/Johnston — to place Marls Yost as a Probationary Member of the Lake Elmo Volunteer Fire Dept. (Motion passed 5-0) (2) Fire Dept. #2: Day Room Improvement Clarification Fire Chief Malmquist reported that the department received a bid of $2,600.00 for construction materials. This bid does not include wiring, carpet or incidentals. The Fire Dept. will be accepting donations from various sources. The Chief requests approval of up to $8,000.00 for the construction. M/S/P Johnson/Conlin — to authorize the construction of the tiayroom at Fire Station 42, with costs not exceed an $8,000.00 bid. (Motion passed 5=6) 8. CITY ENGINEER'S REPORT: A. Resolution No 2006-098• Accent Feasibility Report"on 28`h Street The City Engineer distributed a Feasibility Report for the petitioned reconstruction of 28`h Street as a paved road. Bids were received for a 22"and an 18' wide, 9 ton paved road, without a turnaround at either the east or west ends. Cost proposals were received from the on -site contractor for $65,000 and. 40,000 In -kind work and funding for:this proposed project include three possible sources: 6" of road base material, already P$it of the Ciy's existing water extension project, the benefiting properties, and th` ity. If the City were to make a contribution, changes to existing City policies, and the�ily's CIP would be necessary. If the benefiting properties each contributed the maximum appraised value of $2,500, the City portion would be ..,i $40,000, If the -benefiting propertres`pad the entire cost, each would be assessed $8,300. Alternately, the project could be completed in two phases, with a based installed this Fall and blacktop laid irirthe Spring.;. This would cost about $32,000 upfront, unless the City Council agreed to lower,the road's design standard. Resident .Tim Palacek, 2798 Jamley Avenue North, stated that his property is at the southwest corner of Jamley and 28`h Street. I-Ie stated that he does not use 28"' Street and this property would not benefit from improved access off 28th Street. He also stated that the west stub of 28th Street has only been plowed by the City for the past three years. Resident Jim Petersen, 2751 Jamley Avenue North, stated that he lives at the southeast corner of Jamley and 28`h Street. He said that the western portion of 28`h Street is not used by any residents for property access and this section should be eliminated from the Project to reduce cost. He also stated that his property access is off Jamley and will not benefit from the Project. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 DRAFT The City Engineer informed Mr. Palacek's and Mr. Petersen's property is not proposed to be assessed. The Council was told that the petitioned Project is not on the C.I.P. and that if any City funds were used, other projects would be delayed. Other roads in a similar condition, although not currently undergoing excavation, filling and installation of a new base, include Janero and Kirkwood. The Council consensus was that the proposed 28`h Street reconstruction should not take precedence, even though the long term cost might be lower. The Council consensus also was that the simpler construction of an18' wide road with a 6" base would not be acceptable, The Finance Director stated the City does have a backup of projects. Doing the 28°i Street Project would involve dipping into the City's reserve. M/S/P Conlin/Smith — to place the 28th Street Construction Project on the CIP and prioritized by Staff. passed 4-1: DeLa (Motion p pp -we have not addressed the"petition to pave 28`h Street) Council Member Johnson said she supports the rctron and stated that its not a good financial process to take money out of reserves for this type of project as reserves should be utilized for real types of emergencies. At this time, we are not certain how our year- end picture is going to be for development` Mayor Johnston said he supports the and the road would be in a better cot Council Member Conlin projects waiting. there' is money in the water project City does not have money in the CIP. stating it would be unfair to other B. Verbal UpAof6 on Krueger Property City Engineer Prey✓ updated the -,Council on the progress to Krueger's homestead at 4452 Lake Elmo Avenue. The southwest corner of the property has been staked and two loads of gravel had been delivered. The property had been seeded this summer, but will need to be redone on either'si4,e of the driveway where the ditch flows. It is preferred to have dormant seed down in the'fall of 2006, and not extended to 2007, He will be checking it again this week. Ms. Krueger thanked the City for the gravel and the restaking of the property. She also requested that the City delay any work on the ditch and reseeding until spring 2007, as she believes it is too late in the year. She expressed concern with the contractor completing the work as there have been problems with them in the past. Council discussion determined that the work will be completed by the contractor, and that projects have been successful utilizing the dormant grass mats. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 Council directed the City Engineer to meet with the Krueger's to clarify what the City will be completing this year. C. Ordinance No. 97-179: Relating to Towingof f Illegally Parked Vehicles & Trailers The City Engineer and City Attorney recommend adoption of Sections 100.06, Subd. 1 and Subd. 2 and Section 1000.01, and Section 100.06, Subd. 5, Section 1005,01, Subd. 3 and 1005.045 and its subdivision relating to the Towing of Illegally Parked Vehicles and Trailers, including repealing Section 1005.03, Subd. 1. City Attorney Pilla stated it updates the definitions, and references the State Highway Code regarding the parking of trailers and vehicles. Council requested clarification of where the trailers and cars would be parked, and the fine amount. Suggestions were a $150.00 fine the first occurrence, then towing four hours later and a fine the second occurrence, safety issues, or tow all of the vehicles. City Engineer Prew informed them the trailers would be kept one .half mile out, and towing would occur four hours later. M/S/P Johnson/Johnston — to adopt Ordinance No 91 179, amending Sections 100.06, Subd. 1 and Subd. 2 and Section 1000.01, and See ion 100.06, Subd, 5, Section 1005,01, Subd. 3 and 1005.045 and its subdivision relating to Towing of Illegally Parked Vehicles & Trailers, and to include the attached in (Motion passed 5-0) D. Resolution No. 2006-098: Annrove Plans And .$news for Ph,mhina Wnrle — City Engineer Prew presented plans and specifkations to the Council for the two hundred homes in Tablyn Park Tw(o contracts e being requested as the work can be completed faster, and the bids competitive. The contraetsYnclude removal of the tank, installation of the water meter, disconnecting the3well pipe, and adding the plumbing. All work will meet the City's code'and inspected" the Building Inspectors. M/S/P DeLapp/Johnson to adopt Resolution No. 2006-098 (Contract A) and Resolution No. 2006-99 (Contract B), approving Plans and Specifications and Ordering Advertisement for Bids Tablyh Park (Contract A). (Motion passed 5-0) E. CB & I status & Update on Water Tower Guarantee Document Aereement addition City Engineer Prew informed Council that CB & I is requesting authorization to paint the water tower on weekends. This would involve sandblasting and painting, which is temperature -oriented and weather controlled. Change order pertaining to tower corrections being reviewed by City Engineer and City Attorney and will be brought back to the October 3, 2006, Council meeting. M/S/P Conlin/Johnson —'to direct the City Administrator to issue a Special Permit, reflecting City Code, to CB & I for weekend work for painting of the new water tower. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 6 DRAFT The Permit will allow painting and sandblasting on Saturday and Sunday, from 8:00 a.m. to 5:00 p.m., weather permitting. (Motion passed 5-0) 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2006-093. Ordinance l uL uuu aw<.vunlq - IUVOLL111L. 1d1U1G11 O1LG � 1 V OUCCL( The City Planner reported that this City Council -initiated the proposal to reclassify the approximately 14 acre site from PIT to RAD and rezone the site from PF to RR has been recommended for approval by the Planning Commission. The matter was on the Council's agenda September 5 and tabled to September 19 to be considered by a full five member Council. M/S Conlin/DeLapp — to table further review three months from now with definite plans for a church on the site at the second meeting of December, 2006, Council Member Conlin requested that the Findings be par the approved motion. M/S/P Johnson/Smith — to amend the motion to 12 (Motion 3-2: DeLapp and Conlin) M/S/P Johnson/Smith — to table further discussion and" the Apostolic Church return within twelve months, updating the Council asto where they are with their plans for use of the site for a church. (Motion passed 3 �; Conlin and DeLapp) Pastor Friend asked the City Council if it v l be necessary for the church to have complete construction plans withWtWelve months. City Attorney Filla advised Pastor Frietid that his: interpretation of the motion is that the church should have at least a schedule for the use of the site for new church purposes, but that construction plans were not necessarily required. R The City PlanneFThformed Council that a letter from the Oak Park Heights City Administrator had been received regarding an annexation request from three residents owning land in Lake .E mos - The Oak Park Heights City Council has requested a joint work session with the Lae Elmo City Council to discuss the property owner's request. The City Planner reported that at this time, Lake Elmo has not received any letters from the owner's requesting the detachment/annexation. He noted that, as of August 1, 2006, both cities must now approve a concurrent detachment/annexation, rather than just the annexing city as had been the law previously. Lake Elmo needs to be directly involved. City Administrator Rafferty said that he has talked with the Oak Park Heights City Administrator Johnson, informing him that he would bring the request for a joint meeting to the Lake Elmo Council's attention for any action. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 DRAFT The Council discussed the letter received from the property owners by Oak Park Heights and the Oak Park Heights invitation for a joint meeting regarding the detachment/annexation. M/S/P Smith/DeLapp — to direct Staff to write a letter to the Oak Park Heights Council stating that the Lake Elmo City Council is not interested in a meeting with the Oak Park Heights City Council on the detachment/annexation matter and that the Lake Elmo Council desires to keep Lake Elmo intact with no land detachments to adjoining communities. (Motion passed 4-1: Conlin — agreed with City Administrator's comments that it would be a neighborly gesture for the Lake Elmo City Council to agree to a meeting with Oak Park Heights City Council) Mayor Johnston commented that someone could meet with detachment/annexation matter, just not a full City Council., Council Member DeLapp commented he would Council Member Johnson commented that the should be courteous and respectful. Heights on this such a to Oak Park Heights C. Metro Transit Park & Ride Pro osa (deleted) The City Planner reported that he had been notified byiU'atro Transit that they were not ready to present the Park & Ride, Proposal to the City Council, but will at a later date. ., C. Access to Sunfish Lalce Park from Jamaca Blvd Council Member DeLapp mined Council'that a road in back of the Maintenance Building has a fence that was buiit to allow access from Jamaca without access to the Lake Jane Landfill, Tluted,area, but there is also a sign stating that there is no access from Jamaca B21:'to the park, Be is requesting Staff to replace the sign with a new sign inviting access to the,park fromJamaea. The City Planner info @ed Council that Staff will take care of changing the sign, without any formal Council direction to do so. 10. CITY ATTORNEY'S REPORT: A. Bergmann Easement City Attorney Pilla informed Council that no communication has been received back from the Bergmann's regarding the City's offer. It's been 11 days since the last response, and he is recommending the City start condemnation proceedings on the easement. It is critical the City acquire this property to complete the City's 2006 Water System Interconnect Project, which benefits the residents of Lake Elmo. M/S/P Conlin/Johnson — to approve Resolution No. 2006-100, a Resolution Authorizing Condemnation of the Bergmann property. (Motion passed 5-0) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 DRAFT B. Legal Intricacies of Bergmann Variance (removed) 11. CITY ADMINISTRATOR'S REPORT: A. Explanation of METC Park & Ride attending the Council Workshop about Park and Ride Council Member DeLapp requested an explanation as to why the MET Park and Ride gave a presentation at the Council Workshop on September 13, 2006. He questioned why he was not informed they would be at the meeting, City Administrator Rafferty informed Council that he had been given parameters to discuss further exploration with the MET on the Park and Ride issue. Ms. Arlene McCarthy and her staff met with him, the City Planner and Finance Director, and it was determined they should make a presentation at the Council Workshop. Council Member Smith requested that if a guest from the add their names to the Agenda. 12. CITY COUNCIL 1 Mayor Johnston: None Council Member Conlin: None Council Member DeLapp: None Council Member Johnson expressed marvelous Open House on Saturday. Council Member Smith agl with REMINDER: September 20, 2006, at 6:30 October 2, 200(�{at 6:30 p.m. Meeting adjourned at Johnson, attending to please Works, and said it was a Planning Commission Meeting on Zoning wing Commission Meeting on Zoning Resolution No. 2006-096: Approving Claims Resolution No. 2006-097: Approved Claim Resolution No. 2006-098: Approved Plans and Specs for Plumbing Work — Tablyn Park (Contract A) Resolution No. 2006-099: Approved Plans and Specs for Plumbing Work — Tablyn Park (Contract B) Resolution No. 2006-100: Authorized Condemnation of Bergman Property Ordinance No. 97-179: Relating to Towing of Illegally Parked Vehicles and Trailers LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006 W fA CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-108 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 353, 354, DD924 through DD947, 29798 through 29819, were used for Staff Payroll dated October 12th, 2006; 355, 29820 through 29882, in the total amount of $233,886.90 are hereby approved. 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R 9 a C7 0 0 �p n� von w C -C w w w N O O 9 n x r� w z 0 ro 0 rn o n � A b + CD � r F I CITY OF LAKE ELMO 2006 BILLING SUMMARY MONTH 11135 Administration 1 11140 Criminal Pros 1 11145 Public Im .Pro' 1 11150 Community Dev 1 11155 Civil Litigation 11161 Auto Forfeiture TOTAL Jan $2,381.27 $3,516.24 $363.00 $1,821.52 $135.00 $8,217.03 Feb $1,364.70 $4,574.62 $672.96 $616.00 $1,997.00 $5.00 $9,130.28 March $1,160.50 $3,682.65 $3,301.50 $381.50 $280.75 $243.00 $9,049.90 April $1,921.11 $3,948.44 $1,887.50 $331.61 $486.00 $121.50 $8,696.16 May $2,186.56 $3,406.51 $586.00 $228.65 $1,768.38 $148.50 $8,324,60 June $1,638.59 $4,415.02 $1,089.03 $429.00 $2,933.28 $780,00 $11,284.92 July $1,983.96 $4,043.37 $1,616.00 $275.64 $2,549.50 $262.50 $10,730.97 Aug $3,621.77 $4,269.11 $4,670.56 $352.00 $5,060,48 $138.68 $18,112.60 Sept $4,274,64 $4,048.08 $5,545.93 $297.00 $156,11 $230.00 $14,551.76 Oct $0.00 Nov $0.00 Dec $0.00 Totals $20,533.10 $35,904.04 $19,269.48 $3,274.40 $17,053.02 $2,064.18 $98,098.22 10/11 /2006 Suite 300 50 East Fifth Street St, Paul, MN 55101.1197 r a r :IiJ 'NJ ilk A'S;S O:.C,1 n T;1-,q N CITY OF LAKE ELMO 3800 Laverne Avenue North ACCOUNT NO Lake Elmo MN 55042 FEES EXPENSES ADVANCES 11135-030006 REVISION OF ZONING REGULATIONS 132.00 0.00 - 0.00 11135-060003 BERGMANN TEMPORARY WATERMAIN EASEMENTS 1,105.00 4.82 0.00 11135-060004 HAMLET ON SUNFISH LK WASTEWATER TREATMENT SYS AGMT 253.00 0.00 0.00 11135-060008 OTTESON PROPERTY - CONTROL BURN 187.00 0.00 0.00 11135-06DO09 CITY OF LAKE ELMO V. BARB WALSH 186.00 0.00 0.00 11135-060010 RE: BUILDING RELOCATION HARDY PROPERTY 165.00 0.00 0.00 11135-920001 Administration (651) 291.8955 1651) 228.1753 facsimile Federal Tax ID 1141.0991098 Page: 1 09/30/2006 11135M BALANCE $132.00 $1,109.82 $253.00 $187.00 $186.00 $165.00 2,238.50 3.32 0.00 $2,241.82 4,266.50 8.14 0.00 $4,274.64 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 PET N, (651) 291.8955 50 East Fifth Street 7i ��^ (651) 228.1753 facsimile M St. Paul, MN 55101.1197 (W..�i. Federal Tax ID 441-0991098 B M11 1 Page: 1 CITY OF LAKE ELMO 09/30/2006 3800 Laverne Avenue North ACCOUNT NO. 11140M Lake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11140-030001 Misc Prosecutions _ 3,731.25 21.83 0.00 $3,753.08 11140-030010 Young, Allen Driving after revocation follow to close 0.00 0.00 0.00 $0.00 11140-060151 Olson, Jordan Scott 2nd degree test refusal, 2nd degree DUI 5.00 0.00 0.00 $5.00 11140-060155 Bentley, Clinton John 4th degree DUI, 4th degree .08 5.00 0.000,00 $5.00 11140-060175 Skarda, Bryant L. BWI 0.00 0.00 0.00 $0.00 11140-060177 Hanson, Michael Ross 2nd degree DUI, 2nd degree .08, no proof of insurance 60.00 0.00 0.00 $60.00 11140-060179 Hall, Ronald F. no insurance 5.00 0.00 0.00 $5.00 11140-060180 Wicker, Michael Joseph GM -No insurances, DAS- 10.00 0.00 0.00 $10.00 THIS STATEMENT IS DOE AND PATA13L,E TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL, HE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 PETERSON. (651)291.8955 50 East Fifth Street r�rtv-rG .r a%. i (65 Federal Tax ID 53facsimile St, Paul, MN 55101 �l 197 dk-J� HLrlld\f�..A••l\V/I11L1iILOV1 Federal Tax ID ik4l -0991098 0 p p 0 Page: 2 CITY OF LAKE ELMO 09/30/2006 ACCOUNT NO. 11140M FEES EXPENSES ADVANCES BALANCE 11140-060184 Wilson, Allen Dale assault 87.50 0.00 0.00 $87.50 11140-060185 Pribyl, Anna Maria 4th degree DUI, 4th degree .08, over center line 10.00 0.00 0.00 $10.00 11140-060190 Dreher, Robert S. GM -violate 3 card 10.00 0.00 0.00 $10.00 11140-060191 Ramos, Ubaldo 2nd degree test refusal, 3rd degree DUI, stop sign violation - 15.00 0.00 0.00 $15.00 11140-060192 Rush, Nancy Louise DAS, no proof of insurance 5.00 0.00 0.00 $5.00 11140-060193 Mosio, Thaddeus J. careless driving 5.00 0.00 0.00 $5.00 11140-060195 Wittig, Abbigail 4th degree DUI, stop sign violation 5.00 0.00 0.00 $5.00 111,40-060196 Diamond, Donald issue dishonored check 5.00 0.00 0.00 $5.00 11140-060208 Adamietz, Benjamin GM -false info to police, no proof of insurance 67.50 0.00 0.00 $67.50 4,026.25 21.83 0.00 $4,048.08 THIS STATEMENT IS DINE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL HE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. SUite300 j " (651( 291-8955 50 East Fifth Street F ,E-RGM � „ �r (651) 225.17 4 facsimile -0991098 ' St. Paul, MN 55101-I 197 [La111'�VI � Federal Tax ID #41.099109fl ® ! e e Page: 1 CITY OF LAKE ELMO 09/30/2006 3800 LAVERNE AVENUE NORTH ACCOUNT NO. 11145M LAKE ELMO MN 55042 FEES EXPENSES ADVANCES BALANCE 11145-040003 WATER SYSTEMS CONNECTION 899.00 6.96 0.00 $905.96 11145-050001 PUBLIC WORKS BUILDING 638.50 0.00 0.00 $638.50 11145-050002 CENTRAL WATER TOWER 322.50 0.00 0.00 $322.50 11145-060001 TABYLN PARK —LE HEIGHTS WATER CONNECTION 3,525.75 153.22 0.00 $3,678.97 5,385.75 160.18 0.00 $5,545.93 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH, PAYMENTS RECE9PED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED T® THE NEXT MONTIH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. `Mew Suite 300 50 East Flfth Street St. Paul, MN 55101-1197 r P :R f`` ,55`I DN 'A.L ;A S•S iDC1:A T93p'ry CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 FEES EXPENSES 11150-050007 LAKE ELMO DEVELOPMENT CORPORATION - OP (SANCTUARY) 33.00 0.00 11150-060003 HIDDEN MEADOWS - PRELIMINARY PLAT 22.00 0.00 11150-060010 BERGMANN LOT LINE ADJUSTMENT -VARIANCE 242.00 0.00 297.00 0.00 (651)291-8955 (651) 228.1753 facsimile -Federal Tax ID #41-0991098 Page: 1 09/30/2006 ACCOUNT NO. 11150M ADVANCES BALANCE 0.00 $33.00 0.00 $22.00 0.00 $242.00 0.00 $297.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT n ..�Wte 300 50 East Fifth Street St. Paul, MN 55101.1197 A �PR�F F.4S 1.1Y1H3._ Ab`:O.0 I�AT 6"0 "N,, CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH ACCOUNT NO LAKE ELMO MN 55042 FEES EXPENSES ADVANCES 11161-050006 Remmen, Howard Lester vehicle forfeiture 81.00 0.00 0.00 11161-060001 McAninich, Andrea vehicle forfeiture 4050 0.00 0.00 11161-060004. Peper, Jamie Robert vehicle forfeiture 40.50 0.D0 0.00 11161-060008 Hanson, Michael Ross vehicle forfeiture 68.00 0.00 0.00 230.00 0.00 0.00 (651)291.8955 (651) 228-1753 facsimile Federal Tax ID #41.099 i 098 Page: 1 09/30/2006 11161M BALANCE $81.00 $40.50 $40.50 $68.00 $230.00 THIS STATEMENT IS DBE AND PAYABLE TO THE END OIL THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WALL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. 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N y _9 u_(L W U N ltl� d 0 �:0 'E — :DcnW E C 2 W 0 lq u! 0 aUK 0 O N O () E I Lake Elmo Agenda Section: Finance No. 5A City Council 10-17-2006 Agenda Item: 2007-2011 Capital Improvements Program (CIP) Background Information for October 17, 2006: Attached, please find the City of Lake Elmo 2007-2011 Capital Improvements Program (CIP). The Parks Conunission 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 Conunission 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: Person responsible: Tom Bouthilet 1. Motion to adopt Resolution 2006-109 approving the 2007- 2011 Capital Improvement Plan. Attachments 1. 2007-2011 Capital Improvement Plan. nv; -:UFA it 44, - ut. 77 -yu. Al. 1441, AL� MW . . .... . tip . —. 1X 1 4z 1'7j"11- - 4�n, w%r L iv 07 _gi Alt "-a - Y 71 1-1 r- V;m s. A. P CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION 2006-109 A RESOLUTION ADOPTING THE 2007-2011 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, at its September 25, 2006 meeting, the Lake Elmo Planning Cormnission held a public hearing on the draft 2007-2011 Capital Improvements Program. WHEREAS, the Planning Commission recommends adoption of the 2007-2011 Capital Improvements Program. WHEREAS, the Lake Elmo City Council reviewed the draft 2007-2011 Capital Irprovements 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 l7`h of October, 2006. Dean Jolmston, Mayor ATTEST: Charles Dillerud, Acting City Administrator MEMO (September 21, 2006 for the Meeting of September 25, 2006) To: Lake Elmo Planning Conmiission From: C *i ll Subject: 2007-2011. Capital Improvements Program (CIP) On September 25"the Connnission is scheduled to conduct a Public Hearing and develop a recommendation 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 Boutlailet wit] 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 finds. 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 Comnission function to point out a tinting/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 cormmunities), major CIP issues have not surfaced at the Planning Cormnission level in the past — nor do I expect they will this year. While tempting, I strongly suggest the Cormlussion not become immersed in CIP financial or equipment details. Those matters are truly City Council concerns, not Planning Commission. Table of Contents 1. Capita➢ Acquisition Pager Capital Acquisition Sur unary 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 III. Infrastructure Reserve Infrastructure Reserve - Non MSA............................ e 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 U m tp k T- M fV O p 4 U N O O '• � o <P � N O N I,{,I N N IP tp tP of M � I� O fP p W N t�i th O O G O N o aj 6J N N p Iv ui W W VYy M m w d^ N N � trnp M O ry r N V rp N N O O O O NJ O N N O N 2 IW qp � N rn O N (gyp N M O W N M tP N M N H C OO O 9 W p O O O M O p O U1 41 O O V 1� N r rn N C � I(Y � M W N m <P r N 4Y N d' r W ® fP w N tT w O N d• O� O N m N O O N O l�1 m r W 1pP. v a—Ir O C N M p C N O O W O O p p dl h N �" W • .�.. 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AD a) / tt[~ ` ) ) ) »b .w\ E)IE� §\ 0\\\� \ X\ \ la / \ ////j § \ Rz ai / TKDA ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651)292-0083 Fax www.tkda.com October 13, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Assessment Hearing - Continuation Water System Interconnect Phase IV City of Lake Elmo, Minnesota TKDA Project No. 13186.000 Dear Mayor and City Council; At our last meeting the City Council two property owners in the Animal Inn area of the project had concerns about their assessment. We discussed the proposed assessments with them, and have determined the following. Dr. Ostrander His objections are more general in nature. He didn't believe he should be assessed because the area is AG zoning and is covered by a Conditional Use Permit. He didn't think he could sell the property for another use. He also had concern about the necessity of the project. Our recommendation is to have the assessment approved as presented. The property with its present use receives the benefit of the assessment. The need for the project was determined by the City Council before the project was ordered. The project was not in response to contamination, but to address the need for a water tower. Donald and Joan Tamer We met with the Tauer's to review their property holdings in this area. There has been some consolidation and sales of property since we presented the original Feasibility Report. The Tauer's owner 3 parcels. A review of each is listed below. Parcel 1 This parcel includes the driveway easement a kennel building area and an older pet cemetery. We have adjusted the assessment to exclude the area which is covered by the driveway easement. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity 1 1YY' -�i 'r-, � _�11 t�t, �a. % t I�a•r J 1�1�� I�` t .+� to 1 w4fst ,w ' 37 rt, rr YS A MM AJI Assessment Hearing Water System Interconnect Phase IV City Lake Elmo, Minnesota October 13, 2006 Page 2 The older cemetery is included. We can find no legal reason to exclude this area from the assessment. The Tauer's are no longer putting new graves in this area. Parcel 2 This parcel was recently combined with another they own. Much of the area is wetland. We have adjusted the assessment to reflect these items. Parcel 3 This parcel is the main pet cemetery area. There are some wetlands on it which were previously accounted for. The cemetery area covers about one -quarter of the site. Again, we can find no legal reason to exclude this area from the assessments. The owners accept only a small number of new graves each year. Pechan The Tauer's recently sold 0.65 acres to him. The Assessment role has been adjusted accordingly. City Council Action Requested Approve the enclosed assessment roll. Sincerely; Thomas D. Prew, P. E. City Engineer TDP:cme Enclosure N p p N N M N V O O O O O O O O O O O O O O O O O O O O z � �o���00000000000000mnWv�W� IYAI [NJ m m Q M NWNWe9 vi M(919 I9Mmmtll bi (9 diWWMM19 m(9 eR B 1/� 9 d w aaa m mmm MMWW m m m mmm r r n r Y YYYYYY�Y�yyYYnhn¢Y w a a a a a a a a a a wwwwwwwww�ya aw g 0 o U U o 0 0 0 o m m ni w S2 w IL LL rL LL lL LL LL IL LL li M M M M LL J O OOOOOOOOO<.mMMO w W W W W w w W W W w m y m W (�'r Frl-C'l o om000mommzZzzm ¢m�$�mrc�ctttt»»tt w wwwwwwwww mmw ������4a a4�4a00o0� a a a a a a a a a a U t� o ci a N N N N V1 N N Yl N N m Y1 �[! 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A complete Tabulation of Bids is enclosed for your information. CONTRACT A Contractor Base Bid Lakes Mechanical Services, Inc. $527,410.00 Engineer's Estimate $572,500.00 CONTRACT B Contractor Base Bid Lakes Mechanical Services, Inc. $555,000.00 Engineer's Estimate $583,200.00 Recommendation We recommend that you award both Contract A and Contract B to Sakes Mechanical Services, Inc., for their base bid of $527,4I0.00 for Contract A and $555,000.00 for Contract B. Please do not hesitate to call me with any questions or comments you may have. Sincere Thomas D. New, P.E. Project Engineer TDP:cme Enclosure An Employee Owner) Company Promoting Alfirmaiive Action and Equal Dpportunify Ei t2 A N r, -.ffj I i L7 7c AT -n 5� Yl-�Il 41 I jR MAIN W:4, i UGI-1J-G&iVib 1201Y IKDA b5l G`J'2 WWWJ F'. vjs/Uq � O O O O 4 Q pp O pp O J 0 K[ rQ3 r f40 M 1c V 4 CGJ O f7 O O O M Rt r ^ j Z { 04 U) w w U fy 64 m 69 64 fH Nb fALU 44000 o CO 0 a ro v� v} E9 64 H3 e9 a a a o o a o w JC r 04446 c o o obi ri .or_ g 0 !Y?�y �- C. LD P CH h- co w (n b4 rfr 64 Fib yr G4 f» w w go O 4 0 0 0 O C+ ® C 7 Z l 1 J = 6 o ry 4 W O m W (L `4' .- LL Q 64 �fl 49 eq E9 Fn d W Tm Q =.•,•W22 Jl 06� oo r0 m� rr Mj N Q � F O W J LL � Q e{ 2 waCrS wp Do mGa Oz zn�2, cc= ¢ Z0 d4 0 c�a -¢`w"o �O � W z�Cw70©�yj w 0 c1,1 z� 4`�7ECZ m��oOZr d Y m- W n- O'b tQg4C�V O O - N M V K m o ag ow �� Fa0na m-� Ol d ' UCI-16-2oub 12:1Y 2y2 ldtdu 5 H. WU4 o 0 0 o a m g r ¢ Z 000d[ d r� 0 o� a e 2 0- ZZrO:g W aN rN Oi LL] W 0 4! 69 fH Hs 69 bb by cg opo 0 F0 eo�opp u) oo W h4-4 0 � w �a �' ifr ta, s4 Nr f» vs as W '7oOOOO 9 0 0 0 q O ~O pp J~ O 0 aO ry 4 W� l X en ut ert C4 x9 cfl as tta 0 oa,000a o v o 0 o a o = r w 022 GON 4 o v T m W ,or 84 M W d4 {H N9' tl: PFJ M+ W a W,bmNMN N O w HJ CD z n. [z a w g QQ p 'd m z aF O CD v COJ if - a� a zw dir w "x—x7 W �V raj 0 � O p. p 2 ga W< C~.1 *r- 0 n W W z O W CL l� m n-0xx J co© C9`.J gd 0 O$ mm oa mwz��u�l�F r crYi wN mF0 Z 00 p ZJCW�O0JW� 4F F OCO W W ���❑ O ZIP C9U F- W N OZw CZd0 T N m v o w M1 ww 0 J O Y �' ❑ Z TOTAL P.04 I z 0 3 m F�- CO CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-11 V A RESOLUTION AWARDING THE BID FOR CONTRACT A 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 Lakes Mechanical Services Inc. $527,410.00 AND WHEREAS, LAKES MECHANICAL SERVICES, INC. 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 Lakes Mechanical Services, Inc. in the name of the City of Lake Elmo for street patching, 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 cleric 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 17th day of October, 2006. Dean A. Johnston, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO, 2006-11 t A RESOLUTION AWARDING THE BID FOR CONTRACT B 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 Lakes Mechanical Services Inc. $555,000.00 AND WHEREAS, LAKES MECHANICAL SERVICES, INC. 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 Lakes Mechanical Services, Inc. in the name of the City of Lake Elmo for street patching, 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 17th day of October, 2006. Dean A. Johnston, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator 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. OLD VILLAGE SANITARY SEWER STUDY I. PROJECT DESCRIPTION The OWNER desires an engineering study to address the means and costs to provide sanitary sewage collection to the Old Village portion of the City. It is assumed that the collection system will consist of gravity sanitary sewers in the Old Village area and a combination of lift station/force mains and gravity trunk sewers extending to the North Frontage Road along I-94, where connection will be made to a planned MCES interceptor. II. SERVICES TO BE PROVIDED BY TKDA TKDA is requested to provide the following services for the Project: A. Review the limits of the future sewered areas. B. Analyze up to two separate routes to provide sanitary sewer service to the Old Village area. C. Review and incorporate the area south of 10th Street to determine suitable pipe sizes and routes. D. Work with the "allied property owners" within the Old Village to determine routes to provide service to this developing portion of the City. E. Provide cost analysis and schedule for recommended trunk sewer plan. F. . Recommend a sewer availability charge for the Old Village area. -1- a s4i �- - P�� �. '.'�-�d �� G F.T'SL— E• ats}�. -. 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Y� G (w�u�� t _ .�1 r t - I' � ti fi'^ � - v:.-- � '•r - a t. 1-- I r Ali �i'' �i i � �. ,`� ui r - r_ I%at•'2� [1 � I � � '_ t it tL1.11 -_ � 1 i - y -.>,:+'t I.•i.�_r }' � `+'I ti-,-�S,'�1 1 �� _, t � :C � i� Kr .s. � -'. '.r 1 � ... i I 1 �� •^I� }Y`-.� ,3� �. `'� I ,e\lg s �,� �irlt� "��i�,FS;� -a .�i? r e� � i+t n� +�i. - °- Kt 'E�' `-c' ,>h � .ter $ I �•"tr' - ,-�` S•t , k� �� 11, 7%��• _ ,r_.L# '4dF>pu'e L�rT t- a U I� r ?5f i-.t ., _ .7 I s ✓ '� tff � ' 4 � i I I -�'k� � .4 I �:�'.�..�`si'�u�•''~��..r.��is��-*�i,���"?�i�-, r ... _� . I .}� ,��• �_. _...1 _. ..:pis» ,.� .�" 14.:J. ��. _,-ti.,�'�:`-�.,.,. li� .� � �i, �:r3;,.rsi ��":� sue- -~,tl' � w ?.. i.�i. G. Determine Project cost and schedule for the trunk improvements anticipated to be construction in 2007. H. Advise the OWNER as to the necessity of the OWNER providing or obtaining from others, data or services of the type(s) described under Agreement Article 8A(3) and act as the OWNER'S representative in connection with any such services. I. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. Furnish 10 copies of the study to the OWNER. K. Attend four workshop meetings with the public and City Council. III. 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 Agreement Article 3, a part hereof, and such compensation shall be over and above any maximums or lump sum amounts set forth in this Authorization. A. Registered land or right-of-way surveys, right-of-way mapping; plats; legal descriptions; land appraisals, negotiations and/or related services. B. Investigations of existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the OWNER. C. Soil borings and laboratory tests for design purposes; field and/or laboratory tests taken during construction to detennine compliance with the Contract Documents. 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. E. Additional services in connection with the Project, including services not normally furnished by the OWNER and services not otherwise provided for in this Authorization and the Basic Agreement, a part hereof. IV. PERIOD OF SERVICE TKDA shall start services promptly upon receipt of this executed Authorization and complete services within 120 days depending on the review process. -2- V. 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 $37,775. TKDA agrees not perform services or incur costs which result in billing in excess of the authorized amount until advised by the OWNER that additional funds are available and services can continue. Approved at a meeting of the Consultant Acceptance by Attest Authorized TKDA Representative on , 2006. 2006. -3- 1 Sharon Lumby From: Thomas D. Prew [prew.td@tkda.com] Sent: Friday, October 13, 2006 2:05 PM To: Sharon Lumby Subject: Non -response Do not want well sealed. Sharon There are about 6 residents on the project who have told us they will not allow the City to seal their well. In addition, there are another 14 or so who have not responded to numerous mailing by the City to asking them for permission to perform this work. Our most recent mailing was by Certified letter, which almost everybody on the list received. Up until now we have been very patient with all residents, but at this point we need to begin legal action to require sealing of all wells in this area. Jerry is preparing a Resolution for the City to being that process. It is my hope that once these remaining residents receive this notice, most will be willing to work with the City. Tom Thomas D. Prew, P.E. Senior Registered Engineer Municipal Services Division phone: 651/292-4463 fax: 651/292-0083 e-mail: prew.td@tkda.com TKDA 444 Cedar Street Saint Paul, Minnesota 55101-2140 www.tkda.com 1 `\§ ®§®§M$%®»§@@El;e §\))ggG@q4 §®§%%J§§§G§ 2®¥y//y2000 _ ;@m§GGGm2Gl4$ .; §;§;;;§§§§;;§ n/j ;;;000; b m �m)mma)]]: E e!>Ee!°E!® §!!§ ( & ::§ § (( tr 23\ Co z= b mru m >§ca !\ E 2 !E\§) ! E 4#@\k))77\ § §(m(:\;\»!&&! //:m»y� « } \-/ ) §! c §§ ) w0 ` \\/k\ §, \j /ƒtk) °2 81 k\Q5:0,w moy \/ +BsE:&:E»®»!» !!;/!\\}§; mm«_ ; a §(32 :jwaQ M, Z!k. ) (/§})$\§ (! ui } §§ \)§\ƒ )- - ;m ;!\$ o %lrLU§»®\`®| k )J(}o\\k\2\«\\/ .��.�..��.... ..� (�((®) . I-= ^r/(§():E wo7m\§ TKDA ENGINEERS • ARCHITECTS •PLANNERS MEMORANDUM To: Copies To: Chuck Dillerud From: Thomas D. Prew, P.E. Date: October 17.2006 Reference: Escrow Reduction 41 Park Meadow Project No. Routing: Most of the paving, utilities, and site restoration is complete. 8F 444 Cedar Street, Suite 1500 Saint Paul, MN 55101-2140 (651)292-4400 (651) 292-0083 Fax www.tkda.com City of Lake Elmo, Minnesota 13593.000 There are still some outstanding issues with the storm water pond on the site that need to be addressed by the Developer. 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 $15,000.00 $2,000.00 Watermain $76,000.00 $5,000.00 Streets $98,000.00 $30,000.00 Street Signs $200.00 $0.00 Landscaping $50,000.00 $50,000.00 Subtotal 125% Security $239,200.00 $87,000.00 $299,000.00 $108,750.00 The Developer has previously paid all fees contained in the Developer's Agreement to the City. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Lake Elmo Agenda Section: Planning, Land Use and Zoning City Council No. 9A October 17, 2006 House Move Background Information for October 17 2006 On October 3 the Council directed this matter be placed on the October 17 agenda. The hole in which the house is placed was to be fenced by the end of the day on October 4 (it was); and the footings/foundation were to be completed by the next Council meeting. As of October 12 no activity regarding the footings/foundation work was evident, may well be by October 17. As suggested by Administrator Rafferty, the City Attorney and staff have prepared a draft of an agreement that would bind Ms. Hardy to alternative dates of completion should the Council decide to extend the required completion date for this project. Action items: Motion providing staff direction regarding the Hardy moving project. The Motion would either direct the staff to proceed against the Letter of Credit by November 10 and arrange for completion of the project from those funds; or, extend the date by which Ms. Hardy must complete the project with Ms. Hardy executing the proposed Agreement before October 31 as the required condition of any such an extension. Attachments: 1. Draft extension agreement Ci Time Allocated: CITY OF LAKE ELMO DAVID HARDY AND LINDA HARDY SITE DEVELOPMENT AGREEMENT 1.0 Parties. This Agreement is dated the _ day of 2006, and is entered into by and between the City of Lake Elmo, a Minnesota statutory city ("City"); and David Hardy and Linda Hardy (collectively "Hardy"). 2.0 Recitals. A. Hardy is the record fee owner of the property located at 9224 31 s` Street North and legally described as follows: dated October 10, 2005. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 29, RANGE 21, WASHINGTON COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 15; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 445.2 FEET TO THE POINT OF INTERSECTION WITH THE CENTERLINE OF 31ST STREET NORTH (ALSO KNOWN AS OLD STILLWATER AND ST. PAUL ROAD); THENCE EASTERLY ALONG SAID CENTERLINE OF SAID ROAD, 1228.9 FEET TO THE POINT OF BEGINNING; THENCE NORTH AND PARALLEL BY 1175 FEET WITH SAID WEST LINE OF SAID SECTION 15, A DISTANCE OF 187.4 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CHICAGO AND NORTHWESTERN (ALSO KNOWN AS C. ST.P. MPLS. & O.) RAILWAY COMPANY; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE 105.4 FEET; THENCE SOUTH AND PARALLEL BY 1070 FEET WITH SAID WEST LINE OF SAID SECTION 15, TO THE POINT OF INTERSECTION WITH THE CENTERLINE OF 315T STREET NORTH (ALSO KNOWN AS OLD STILLWATER AND ST. PAUL ROAD); THENCE EASTERLY ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. ("Hardv Property"). B. On the I" day of November, 2005, the City approved Resolution 2005-118 which allowed Hardy to move a single-family detached building ("Building") onto the Hardy Property. STATE OF MINNESOTA ) :SS. COUNTY OF 1 On this _ day of , 2006, before me, a Notary Public within and for said county, personally appeared David Hardy and Linda Hardy, husband and wife, and they executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public FAusm\BARBER\IERRYUAke Elmo\Site Development Agr LETTER OF INTENT TO PURCHASE To inform Rosenbauer/General Safety Equipment, the City of Lake Elmo will make its formal decision for the approval of funding and purchase of the one (1) 75' aerial and one (1) 100' aerial platform as demonstrated by it sales representative to the Fire Department and the Lake Elmo City administration. This will take place at our City council meeting on Wednesday November 8th, 2006. The Lake Elmo Fire Department intends to purchase these two vehicles pending its funding approval at the council meeting that evening. The City realizes that if for any reason these vehicles are not approved at that evenings meeting. Rosenbauer/General Safety intends to put these trucks immediately back on the open market CITY OF LAKE ELMO MN (Party of the ec:u art By. (signature) (Type or print name) Date: . 2006 *; Chuck Dillerud From: Jerry Filla Ufilla@pfb-pa.com] Sent: Thursday, October 12, 2006 4:18 PM To: Chuck Dillerud Subject: Re: Letter of intent.doc sounds good to me.does not commit the city to purchase anything >>> "Chuck Dillerud" <Chuck.Dillerud®lakeelmo.org> 10/12/06 02:32PM >>> . Jerry This is the second try at a letter that would "freeze" the trucks off teh market until we can sort this thing out further, but not in any manner commit the City to purchase. I think it still looks a bit too commital. Whta sayeth you? CED 1 ^ Y �i � •1