HomeMy WebLinkAboutSeptember 19, 2006 CCPMayor:
Dean Johnston TLaElmo City CouncilCouncil members: F
Laverne Avenue No.
Rita ConlinTUESDAY,
Steve DeLapp Elmo, MN 55042
Liz Johnsontember 19, 2006 5510 777-9615 (fax)
Anne Smith
Please read: Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City
Council on each agenda item in advance; and decisions are based on this information and
experience. In addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to
Appear Before the City Council form; or, if you came late, raise your hand to be recognized.
Comments that are per are appreciated. Items may be continued to a future meeting if
additional time is needed before a decision can be made.
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes:
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES:
4. CONSENT AGENDA:
A. (1) ResoIution No. 2006-096:Approving
Claims
(2) Resolution No. 2006-097:Approving
Claim
B. Monthly Operating Report
C. Written Report on Building:Jim
McNamara
5. FINANCE:
6. NEW BUSINESS:
7. MAINTTENANCE/PARK/FIREBUILDING:
A. Fire Dept. — Chief Malmquist
(1) Place Mark Yost as a Probationary
Member
(2) Fire Department #2, Day Room
Improvement Clarification
September 5, 2006
Public Inquiries/Informational is an opportunity for citizens to bring the
Council's attention any items not currently on the agenda. In addressing the
Council, please state your name and address for the record, and a brief summary
of the specific item being addressed to the Council. To allow adequate time for
each person wishing to address the Council, we ask that individuals limit their
comments to three (3) minutes. Written documents may be distributed to the
Council prior to the meeting or as bench topics, to allow a more timely
presentation.
Tom Bouthilet
Lake Elmo City Council Agenda
September 19, 2006
S. CITY ENGINEER'S REPORT7Street,
A. Accept Feasibility Report onResolution No. 2006-098
B. Update on KruegerPropertC. Ordinance No. 97-179 Rela
Towing of Illegally Parked Vehicles and Trailers
D. Approve Plans and Specs for Plumbing
Work — Tablyn Park; Resolution No. 2006-098
(verbal)
9. PLANNING LAND USE & ZONING: C. Dillerud
A. Apostolic Bible Church Site —
Comprehensive Plan Amendment and Rezoning,
Resolution No. 2006-093, Ordinance No. 97-178
B. Meeting with Oak Park Heights City
Council — Buberl/Nass/Bidon Annexation
C. Metro Transit Park and Ride Proposal
10. CITY ATTORNEY'S REPORT:
A. North Water Main Extension Easements
(verbal)
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 2, 6:30, Special
Planning Commission on Zoning
DRAFT
Mayor Johnston called the Council meeting to order at 7:00 p.m, in the Council
Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, and Smith.
ABSENT: Johnson. STAFF PRESENT: City Administrator Rafferty, City Planner
Dillerud, Finance Director Bouthilet, Building Official McNamara, Fire Chief
Malmquist, Parks Supt. Bouthilet, City Engineer Prew, City Attorney Filla, and
Recording Secretary Freeman.
Pledge of Allegiance
1. AGENDA:
Additions: 7A (3) Park Use Preliminary Information; 9F METC meeting update,
Changes: Moved 8C to Closed Session, moved 10A to Closed Session; Moved 7B (1)
and 7B (2) to 3A (3),
M/S/P Conlin/DeLapp — to approve the September 5, 2006, City Council Agenda as
amended. (Motion passed 4-0),
2. MINUTES: t
M/S/P Smith/Conlin —to approve the August 15, a;.
20(I6, Cityt'ouncil minutes as
amended. (Motion passed 4-0), „
0
A. Public Informational:
(1) CIC Presentation
Brenda Anderson, from the
results from the Senior Hou
received, with 86% believir
that further study, feedback
appropriate senior housrg
Council Member
cost of any senior's
would be best to ha
builders expressing
y lmprorent Commission (CIC), presented the
y� Appropmately one hundred surveys were
Cl: ists f r, senior housing. The CIC recommends
on fr6' the City Council are necessary to identify
the City of Lake Elmo.
"definition of affordable housing," and the probable
louses in the Old Village Area. It was determined that it
lage Plan completed, and have any senior housing
with the Engstrom group.
(2) Lake Elmo Bank 950Anniversar : Resolution 2006-094:
The Mayor and City Council congratulated the owners and employees of the Lake Elmo
Bank on their 95s' Anniversary in the East Metro Area. They have been, and continue to
be, an outstanding corporate citizen of Lake Elmo. There will be a Community
Celebration on Friday, with Acting Mayor South presenting the City's congratulations.
M/S/P Smith/Conlin — to approve Resolution No. 2006-094, congratulating Lake Elmo
Bank on its 95" Anniversary. (Motion passed 4-0)
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
DRAFT
B. PubIic�ies-
Julie Bunn, 2986 Lake Elmo Avenue, introduced herself and announced her candidacy
for State Representative 56A.
Deb Krueger, 4452 Lake Elmo Avenue, requested that action be taken regarding the 43rd
Street water main construction, stating that the City needs to adopt a code or policy for
completion of any City project in a timely manner. She stated that this was her third
request for the repair of the ditch on their property. She requested that this repair be
delayed until Spring 2007 since the plant growth in the ditch now precludes an accurate
assessment of the repairs required. She also reported that a load of gravel was required
for their driveway and a survey marker needed replacement. She demanded that those
actions be completed by the end of September.
City Engineer Prew stated that the contractor needs to inspect thelirbperty and have the
survey stakes correctly placed.
M/S/P DeLapp/Smith — to direct Staff to make every repo le efForGto comply with
Ms. Krueger' request for gravel and survey stake by, end of September 2006.
(Motion passed 4-0) � - ,„
M/S/P DeLapp/Conlin — to complete the ditch work Fall of 2006 or Spring 2007,
being careful to avoid the months of Nov e , d Decei#ber 2006 to avoid conflict
with the Krueger's holiday tree sales. (Morn pa`sked
4. CONSENT AGENDA
A. Resolution No. 2006-087W A rovin Claims
M/S/P smith/Johnston — to Trove Re'v- n 2006-087, approving Claim Numbers
343, 344, DD848 through D 8,0 29 60 thitritgli 28587 were used for Staff Payroll
dated August 17, 200� ,alarm hfi n`bers 345, 346 DD871 through DD874, 29588
g through 29598, we sedorStaffyroll dated August 31, 2006, Claims 347, 29599
through 29563, r e total amount of$ 91,968.60 are hereby approved.
(Motion passed 4
B. Escrow Reduction 3 Escover Crncsinn
M/S/P'3unth/Johnston— td'authorize an Escrow Reduction #3 for Discover Crossing,
reducing the escrow amount required to $153,750.00. (Motion passed 4-0)
C. Escrow Reduction: Farms of Lake Elmo
M/S/P Smith/JolmSton — to authorize an Escrow Reduction for Farms of Lake Elmo,
reducing the escrow amount required to $133,750.00. (Motion passed 4-0)
D. Escrow Reduction #2: Sanctuary
M/S/P Sm"n"ohnston —to authorize an Escrow Reduction for Sanctuary, reducing the
escrow amount required to $1,038,750.00. (Motion passed 4-0)
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
DRAFT
E. Pav Estimate for 2006 Crack Seal: L & M Services
M/S/P Smith/Johnston — to authorize Final Payment to L & M Services, in the amount of
$27,300.00, for the 2006 Crack Seal Project. (Motion passed 4-0)
F. Pav Estimate for 2006 Seal Coat: Allied Blacktop Company
M/S/P Smrth/Johnston — to authorize Fina'Ilul pa
yment to amount of $110,057.49, for the 2006 Sealcoat Project Mlotionpa passed 4-0) ied Blacktop Company,
in the
G. Da Estimate for Water Tower: ru & I Constructors
Council discussed if it was wise to pay CB & I Constructors due to the outstanding issues
about documentation on the water tower construction issues.
The City Attorney and Staff stated they are still clarifying the wording of the water tower
guarantee document that the City has negotiated including the condo rns addressed by the
City Council. City Engineer Prew would report back to Counil"
meeting, cat a subsequent Council
M/S/P Smith/Johnston — to authorize payment of
Constructors, in the amount of $366,537.07, for t
(Motion passed 4-0)
H. P. av Estimate for Tabl Parlc/Laka,7
Council members discussed what a reason
work to be completed, and whether paymen£
schedule, City Engineer Prew expplaznefl that
work to be completed. A timeh cchr ,i..,
M/S/P Johnston/DeLapp —
Construction Comnanv.,in.
I.
M/S/P Smith/Joh
cost of the Water
No. 6,
Tank No. 2.
ppe wagVer the residents to expect the
d„b'e�ade as the work was behind
pected the middle of October for the
be mailed to all residents this week.
the haial Payment of Certificate No.2, to Park
of $537,058.69. Motion passed 4-0)
the City to accept the proposed assessment of the
t Phase IV Project. (Motion passed 4-0)
J. Resolution No, 2006-091: Awarding Bid for 2006 MS Resurfacing M/S/P Smith/Johnston — to award bid to Tower Asphalt, Inc., in the amount of
$236,501.45, for the 2006 MSA Resurfacing. (Motion passed 4-0)
5. FINANCE:
A. Resoluti,
and Proposed 2007 RudQet — " J i'' Hap non of Pro osed Tax Lev,
The Finance Director presented the 2007 Proposed Budget to the Council, stating that it
has been reviewed with the Dept. Heads and City Administrator. The proposed Levy
Certification must be approved by September 15, 2006. The Levy can always be
lowered. The final budget must be certified to the County by December 29, 2006.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
DRAFT
M/S/P Johnston/Conlin — to adopt Resolution No. 2006-088, for the Proposed 2006 Tax
Levy, collectible in 2007 and the 2007 Proposed Budget. (Motion passed 3-1: DeLapp
does not believe we can justify a 25% City tax revenue increase over 2 years)
B. Resolution No. 2006-089: Set Truth in Taxation Hearing Dates
M/S/P DeLapp7S111ith — to adopt Resolution No. 2006-089, setting the Truth in Taxation
Public Hearing Dates for the 2006 Tax Levy and the 2007 Budget. (Motion passed 4-0)
6. NEW BUSINESS: None
7. AWNTENANCE/PARK/PIRE/BUILDING:
A. Parks Dent.:
(1) Carriage Station Basketball Court•
Public Works Superintendent reported that three quotes were rece�*ed for the
building/resurfacing of the new basketball court at Carnage Staioh. He reported that
there are CIP funds set aside for this project and reco
Schifsky, Inc. mmendsawarr)ing the bid to T.A.
M/S/P Smith/DeLa pp — to award the bid to T.A. Schmky, Ind,, in the aiii€iint of
$12,500.00 per quote dated August 23, 2006, for ANW, Carringe Station basketball court
at the enlarged size, per the recommendation of the P "4cWV orks Supervisor.
(Motion passed 4-0)
(2) Announce Public Works O en City Administrator Rafferty announced that en House will be held for the new
Public Works Building on Satuf4ay, Sjtember6, 2006, from 9:00 am to Noon. Ribbon
cutting will be at 9:30 a.m.
l i Pub he rk: cco is and invited to attend.
B. Fire Dent _ITnAatw-
(1) Reco raze"xnIbrers
Chief Malmquis ecogmzed Le Elmo Volunteer Explorers Fire Post 9351 for their
successes at thehth Annual Governor's Fire Safety Day, Explorers Sarah Gilder,
No Malmquist, Ja�mkelom Gagnon, Jessica Elliott, Ben Salus and Adam
Heinle participated in teen,
(2) Recognize Two Engineer Certified Firefighters:
Training Officers - District Chief Brad Winkels and Captain Mike Tremain introduced
Brian Johnson and Richie Springborn. They are the first Lake Elmo Firefighters to have
successfully completed the Fire Engineer training in Lake Elmo.
(3) Fire Station No 2 Upgrades,
The Fire Chief informed Council that bids were received for upgrades to Fire Station #2,
approaching it as a two-part project. The first stage will be the degreasing and painting of
the walls. Also, the floors would be cleaned, striped and sealed.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
6
�7
The second stage will be the construction of a "day room" in the center stall,
improvement of storage space and upgrading the existing office space. The Firefighters
have agreed to provide the labor for this project to minimize the costs. There will be
expenses for materials, HVAC and some electrical work.
Mayor Johnston questioned the need for the second stage improvements. City
Administrator Rafferty advised that this building will be usable for another 8-10 years,
which warrants at least these minimal improvements to function as a fire station over that
time period. Council Member DeLapp said he supported the upgrades, and he
appreciated the time and effort the Firefighters were going to provide to completing the
improvements.
M/S/P DeLapp/Johnston — to award the bid to Volk Contracting in the amount of
$8,250.00 for the painting and floor upgrade at Fire Station No. 2. I(1vlotion passed 4-0)
Following the motion and vote, the Fire Chief asked for clan `&ion if that included
authority for the Fire Department to buy the materials neoes `ary t&lrYtild the dayroom. It
was suggested that it was included in the motion.
8. CITY ENGINEER'S REPORT:
A. Wafer Tower Paint Color (verbal)
City Engmeer Prew requested confirmatiow
water tower, bowl, and the lettering. He re
match the pedestal, with maroon lettering to
irding the color of the new
>wl color be off-white, to
Works building.
Council discussed the various _616i oli Ens Suggestions included trying to blend the
tank into the landscape, thet ssibrhty�f.na lettering on the tower, and asking the
community to propose what wds/logos (if any.) should be on the tank.
M/S/P Smith/Johnstoi = to pint the water tower base and bowl off-white, with burgundy
lettering, per the11ity Engineer'' recorm nendation.
(Motion passed 3'-'h; DeLann &ta;,,)
B. 28" Street Petition for The City received a petittieet Jim rovement verbal
ion; dated August 24, 2006, signed by the residents on 28th
Street, requesting the street be upgraded from gravel to blacktop.
Resident Robert Schumacher, 9155 28`h Street, spoke in favor of the upgrade as the
streets are being dug up for the water main project.
Resident Jim Petersen, 2751 Jamley Avenue North, agreed that the upgrade should be
done now. Delaying the road upgrade would not be cost effective.
Resident Jim Palecek, 2798
ley Avenue North,
does not want to be assessed foritjust because spoke e part his property abuts 28`h S eet,He
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
DRAFT
City Engineer Prew requested direction from Council regarding the upgrading of 281'
Street, south of the end of Jamley Avenue.
M/S/P Conlin/Smith — to direct the City Engineer to prepare a Feasibility Report, and to
include the cost of a City standard street and with an alternative of an 18' wide road with
a 6" gravel base, and bring back to the September 19, 2006, Council meeting.
(Motion passed 4-0)
C. Northern Water Main Extension Easement Update Handout at Meetin
Moved to Closed Session
D. Tablvn Park/Lake Elmo Heights Water System Update (verbal):
City Engineer Prew stated that two-thirds of the water main was in place. He reported
that approximately 25 property owners have not as yet responded tletters regarding
connection to their homes, and that extra crews had arrived to assist with this project as
work is slightly behind schedule. The City Engineer providellidout indicating the
timeline being followed by TI�DA and the Contractor, w th a copy olfihe timeline and
letter to be mailed to the residents this week.'
Resident George Heller, 8644 27a' Street North, r6ij&sting e anfication of the decision
_.
regarding whether open trenching or directional dr'111 used for the service lines from
the main to the home. The City Engineer ,il ned that andyidual site circumstances
determined the type of service line installa e us d:z such as ervice line length, in place
landscaping and existing trees.
9. PLANNING LAND USE,& ONINIG ,
A. Resolution No. 2006401 Z0 n nj"k tarianbe. Richard and Eileen Bergman
The City Planner reported that-10 I'haming Cflmmission recommended approval of a
zoning variance to al1r, p seconc ccessory structure on an RR zoned parcel. Here a barn
structure is on an adJtstrirngaparca Out was a part of the original homestead parcel.
The applicant re 'is'ts a vananpe to permit the barn to be detached from the adjacent
parcel and added t he homeste i parcel where an accessory st ucture is already in
place. A major con d trq I wou.- e legally combining the additional 1.33 acres including
the barn to the propertyvurh,te homesteaded property.
Council Member DeLapp observed that if both parcels are owned by the same party, and
one is non -conforming by area (as is the homestead parcel), the Code requires the parcels
be combined and divided such that both are conforming in area — 10 acres in this case.
He said he believes that Richard and Eileen Bergman own both parcels so a condition of
the variance should be that the homestead parcel be enlarged to at least 10 acres.
The City Planner advised that while this is true, it has been his understanding that the
homestead parcel was conveyed to a Bergman son.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 2006
8
DRAFT
Richard Bergman advised the Council that the homestead parcel was to be his son's, and
that his son could not afford to purchase a full 10 acres — only the 1.33 acres needed to
place the barn on the homestead parcel.
M/S/P Johnston/DeLapp — to adopt Resolution No. 2006-092, approving a zoning
variance to locate two accessory buildings on a RR zoned parcel. (Motion passed 4-0)
B. Apostolic Church Site: Resolution No 2006-093• Comp Plan Amendment
Ordinance No. 97-178• Rezonm
M/S/P Johnston/DeLapp — to table this item until the September 19, 2006, Council
meeting when a full City Council will be in attendance. (Motion passed 4-0)
C. Status of Villase Plan (verbal):
The City Planner reported that the Village Area Planning Team wairunder way with
Phase 2 work following a lengthy contract preparation experiene He noted that
meetings had already been held with the Allied Property Oe,and City Staff, and that
additional meetings are scheduled over the next several weeks with VCA (treated TCE
water discharge), MnDOT/Washington County (High
v 5 modificati' s) and the Allied
Property Owners (clarification of the "Incentive F a` components andereafter,
specific unit count determination.) He also advisei", at the City Engineer has been
requested to provide updated data regarding surface ar (from that produced for the
Thorbeck Plan), and to begin preliminary erz n of the Alw%ary sewer system.
D. Metropolitan Airoort Commission — I a�ke EI&C Aimort 2025 Plan
The City Administrator, City Plan br sista t 13!anner, and representatives from
Baytown Township and West Lakcelandl;Townsig, attended at meeting with MAC staff
and its consultants to discuss the Lake 1 iiq Auk rt Long Term (2025) Comprehensive
Plan Update now underway
MAC presented three draht alt rnatryeairpon development concepts for inclusion of the
updated plat; and has este
2025 re�udomments from the City on the draft alternative
airport developme t"Options Ilenoted that the local government representatives at the
meeting agreed that dourthrnative be "no further development at the airport."
M/S/P Johnston/DeLapp —\ to direct Staff to send a letter to MAC stating Lake Elmo City
Council support of the fourth alternative — that be no further development at the Lake
Elmo Airport (runways or hangers).
E. Xcel By Ash Landfill Siting:
The City Planner stated that Xcel is preparing a voluntary Environmental Impact
Statement for a fly ash fill in West Lakeland Township. The first step in that process is
the preparation of a Scoping Environmental Assessment Workshop (SEAW).
Mayor Johnston stated that as a result of the ground water contamination issues in Lake
Elmo, which could also result from the fly ash fill, it is recommended that the City
support any efforts with West Lakeland Township to defeat the Xcel efforts to place the
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
DRAFT
land fill in their township, as they are in a leadership position.
Council Member DeLapp questioned what zoning authority the County and the Township
have respectively regarding a use like this. The City Planner reported that West Lakeland
Township has the authority but the County has the authority to regulate land fills but
Xcel's strategy is to process their fly ash project permitting as a nine reclamation CUP
amendment through the County (which has authority regarding the mining CUP covering
the proposed site) instead to avoid dealing with a township that is clearly opposed to the
project. The County would have to amend its mining regulations to include a fly ash
landfill as a permissible mine reclamation strategy. He stated that the SEAW pretty
clearly spell out that Xcel strategy, in apparent belief that the County Board would
support what the township would not.
The City Planner stated that Staff is requesting direction
comment to MPCA/ECO regarding the SEAW
City Council directed the City Planner to pursue a
alternatives or beneficial use of fly ash.
F. METC Update:
Council Member DeLapp requested clarification
METC. He noted that the Council had agr'g
some issue had been resolved. He couldn'Y�xecal
said he has heard nothing about a meeting si ke 1
the
City desires to
and present
the delay in meeting with the
o to set up a meeting once
Wouncil Member DeLapp,
Mayor Johnston stated that the ity would meet with METC only when a constructive
agenda was developed. The4ity is still*l5rking tin the zoning issues, and it is not yet
ready. `" v
Council Member DeL pp rnmuxded C#uncil that a vote was taken two months ago, that
the City would het w th ME RC; It has not yet occurred and he asked what the delay
was for. T
Council Member Coniieed Council Member DeLapp that the City voted to meet
with the METC, but would'not go into the meeting without a set agenda. She also
remembered that Mr. Georgecas would be setting the meeting.
M/S/P Johnston/Smith — to place the MET meeting on the September 13, 2006, Council
Workshop and discuss the Agenda for the meeting. (Motion passed 4-0)
10. CITY ATTORNEY'S REPORT:
A. Ziertman/Sessing Update: (verbal)
Moved to Closed Session
11. CITY ADMINISTRATOR'S REPORT:
A. City Administrator Rafferty: None
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
10
DRAFT
12. CITY COUNCIL REPORTS:
A. Mayor Johnston reported that he attended the Rasmussen Business College
Groundbreaking, and presented the ceremonial shovel to the City Administrator for use at
the Public Works building.
Mayor Johnston also requested clarification of the Lights Out Policy regarding the VFW
Field and policy of providing a port -a -potty at Carriage Station Park. He also provided
an update from his AMM meeting regarding METC penalties imposed on Lake Elmo
with the extension of the Comprehensive Plan submission.
Reminder that filing dates are open until September 12, 2006, at 5:00 p.m.
B. Council Member Conlin: None
C. Council Member DeLapp: The comments from the memlrs of the AMM
committee regarding the METC penalties to Lake Elmo gav�him hope that other cities
may finally be realizing how difficult METC can be onrttes that dpot abide b METC
dictates. IVy
D. Council Member Smith: None
REMINDERS:
September 12, 2006: Primary Election —
September 13, 2006: City Council Work
September 14, 2006: Communit)g0"en 1
OakLand Junior High School
September 16, 2006: Openaouse at N
Meeting ended at 11:
CLOSED
-p8 PM
PM
iter Contamination —
— 9 AM — Noon
Extension Update
Resolution No 200& 1 7 Approved Claims
Resolution No 2006 0 Proposed Tax 2006 Tax Levy, Collectible in 2007 and
Proposed 2007 Budget 'r
Resolution No. 2006-089: Approved Setting the Truth In Taxation Public Hearing Dates
for 2006 Tax Levy
Resolution No. 2006-090: Ordered Assessment Hearing for Water System Interconnect
Phase IV Project
Resolution No. 2006-091: Awarded Bid for 2006 MSA Resurfacing to Tower Asphalt,
Inc.
Resolution No. 2006-092: Approved Zoning Variance for Richard & Eileen Bergman
located at 11459 60a` Street North
Resolution No. 2006-094: Congratulating Lake Elmo Bank for its 95a' Anniversary
Resolution No. 2006-095: Approved Partial Payment No. 2 to Park Construction
Company for Tablyn Park/Lake Elmo Heights Water Main
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
11
APPROVED AS AMENDED SEPTEMSER 5, 2006
CITY OF LAKE ELMO
CITY COUNCIL MEETING
AUGUST 15, 2006
1. AGENDA
2. MINUTES: August 2, 2006
3, PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES:
B. PUBLIC INFORMATIONAL:
4. CONSENT AGENDA:
A. Resolution No. 2006-079: Approving Claims
B. Monthly Operating Budget
C. Resolution No. 2006-080: Partial Payment No. 5, Water Interconnect Project
Phase 111, Riley Brothers Construction
D. Resolution No. 2006-081: Partial Payment No. 1, Tablyn Park /Lake Elmo
Heights Water Main, Park Construction
E. Resolution No. 2006-082: Award Bid for 2006 Overlays
5. FINANCE:
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Building Dept. Update: Jim McNamara
B. Fire Dept. Update: Chief Malmquist
(1) Place new members on probation: Paul Jorgensen, Noah Malmquist, and Brad
Asplund
8. CITY ENGINEER'S REPORT:
A. Island Cul-de-Sacs in Tablyn Park: verbal update
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2006-083: Variance for Septic Drainfield: 8320 Hidden Bay Trail,
Swanson
B. Resolution No. 2006-084: CUP/Site Plan for Veterinary Clinic in GB Zone,
11051 Stillwater Blvd. -Dr. John BailIie and Gary T. Harty
C. Resolution No. 2006-085: Final Plat of Eagle Point Business Park 61' Addition;
Resolution No. 2006-086: Shoreland Variance and Section 520 Site Plan for
C & C North American
D. Apostolic Bible Church Site — (tabled) Comprehensive Plan Amendment &
Rezoning
E. Zoning Ordinance Interpretation — Non -Conforming AG Accessory Building
F. Ordinance No. 97-176: Lateral Water Main Connection; OrdinanceNo. 97-177:
Lateral Water Main Connection Charges for Phases I and II
10. CITY ATTORNEY'S REPORT: None
11. CITY ADMINISTRATOR'S REPORT:
A. Tank Industry Consultants, Inc. and Water Tower — update
B. Old Village Plans — update
12. CITY COUNCIL BUSINESS AND REPORTS:
Closed Session: Lake Elmo vs. Sessiog
LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006
APPROVED AS AMENDED SEPTEMBER 5, 2006
B. Fire Dept. Update: Chief Malmquist
Fire Chief Malmquist informed Council that the Dept. visited three neighborhoods on
National Night Out. He also thanked everyone for supporting the Pancake Breakfast
during Huff'n'Puff days. He added that new members are always welcome and needed.
Fire Chief Malmquist introduced the three newest members: Paul Jorgensen, Noah
Malmquist and Brad Asplund, and requested they be placed on probation.
M/S/P Smith/DeLapp — to approve Paul Jorgenson, Noah Malmquist and Brad Asplund
as probationary members of the Lake Elmo Fire Dept. (Motion passed 5-0)
8. CITY ENGINEER'S REPORT:
A. Island Cul-de-Sacs in Tabl nn Park
TKDA Engineer Stempski informed Council that a survey was conducted with the
residents on 27 h Street North (three) and 271h Street Court North (two), requesting their
input regarding landscaped center island cul-de-sacs. The three questions per the resident
survey were: 1) Are they in favor of a landscaped center island cul-de-sac? 2) Would
they help plant and maintain? 3) What is their opinion on the City posting the cul-de-sacs
"No Parking"? The three residents on 27"' Street Court North were in favor and would
help plant and maintain the island cul-de-sac. One resident was in favor, one opposed the
parkin restriction, and one suggested posting "No Parking" on one side only. One lot on
the 27` Street North cul-de-sac is currently vacant, and the owner of the second lot was
not in favor of the landscaped center island.
Council and Staff discussed various options of low maintenance vegetation, the paving of
curb and gutter, and the alternative of a rain garden application, with curb and gutter
around the island.
M/S/P Conlin/DeLapp — to direct Staff to prepare plans for the cul-de-sac at 27a' Street
North, and work with the three residents on curb and vegetation design.
(Motion passed 5-0)
9. PLANNING, LAND USE & ZONING:
A. Resolution No 2006-083• Variance for Septic Drainfield: 8320 Hidden Bay
Trail, Swanson:
The City Planner reported that the Planning Commission recommended approval of the
variance from drain field setback standards. The applicant seeks variances from drain
field setback standards to the property line (3 feet where 10 feet is required) and an
existing detached garage (3 feet where 20 feet is required). The variances relate to the
applicants' failing septic systems needing a new drainfield in proximity of the existing
drainfield. No reasonable alternative location was available for the new drainfield.
M/S/P Johnston/Johnson — to adopt Resolution No. 2006-083, approving the septic
system setback variance at 8320 Hidden Bay Trail. (Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006
4
APPROVED AS AMENDED SEPTEMBER 5, 2006
B. Resolution No. 2006-084: CUP/Site Plan for Veterinary Clinic in GB Zone
11051 Stillwater Blvd. -Dr. John Baillie and Gary T. Harty_
The City Planner reported that at the August 14, 2006, Planning Commission meeting,
the applicant proposed relocation of the veterinary clinic from its present Lake Elmo
Avenue location to the former Harty Insurance building on Stillwater Blvd. Applications
for a Conditional Use Permit to locate the veterinary clinic in the GB zone and a Site Plan
to modify the parking arrangement on the site have been presented to the City. A
previously approved Site Plan (2005) to enlarge and remodel this site has been
abandoned earlier by those applicants. The City Planner reported that the Planning
Commission recommends approval of the proposed resolution of the Conditional Use
Permit and Site Plan subject to several conditions.
M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-084, granting a Conditional Use
Permit for Veterinary Services and the Section 520 Site Plan for site modifications to Dr.
John Baillie and Gary Harty at 11051 Stillwater Blvd. based on Findings and
recommendation of the Planning Staff Report and plans Staff dated August 9, 2006, and
with the nine Conditions in the Resolution. (Motion passed 5-0)
C. Resolution No. 2006-085: Final Plat of Eagle Point Business Park; Resolution No
2006-086: Shoreland Variance and Section 520 Site Plan for C & C North America:
The City Planner reported that the Planning Commission unanimously recommended
approval of a Section 520 Site Plan and Shoreland variance for construction of a 25,000
square foot office/showroom building on a 2.04 acre parcel of the Eagle Point Business
Park. The approval recommendation included eight design -related conditions involving
parking and stream bank landscape mitigation.
Council Member DeLapp asked why the applicant could not build a facility in
compliance with Code on a newly platted lot. The response was that the proposed
business owner wants a larger building than will fit without special consideration .
The City Planner also reported that the Planning Commission recommended approval of
the final platting of Eagle Point Business Park Outlot C as Lot 1, Block 1, Eagle Point
Business 6th Addition. No reasons were given.
M/S/P DeLapp/Smith — to adopt Resolution No. 2006-085, approving the Final Plat of
Eagle Point Business Park 6th Addition. (Motion passed 5-0)
M/S/P DeLapp/Smith — to adopt Resolution No. 2006-086, approving the Section 520
Site Plan for C & C North America and Shoreland variance on Outlot C, Eagle Point
Business Park, with the additional condition as follows: Comply with the Business Park
District Performance Standards with respect to exterior surfaces. (Motion passed 5-0)
D. Apostolic Bible Church Site — Comprehensive Plan Amendment & Rezoning
M/S/P Smith/Conlin — to table this item at the request of the property owner until the
September 5, 2006, Council Meeting, at which time the Apostolic Bible Church will be
prepared to make a statement.
(Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006
APPROVED AS AMENDED SEPTEMBER 5, 2006
E. Zoning OrdmanccM1e reiaUU11—IN%2I -_--____ -
The City Planner reviewed with the Council the current Zoning Ordinance language
regarding the allowable accessory building square footage in the various zoning districts.
He reported that there was disagreement as to exactly how to interpret the language of the
Non -Conforming AG zoning portion the accessory building standards as to whether the
total allowable accessory building area is a sum of two buildings or each of two
buildings. The Planning Commission recommended an interpretation as each of two
buildings, based on overall code enforcement.
Council Member DeLapp based his support of the Planning Commission
recommendation on overall Code consistency rather than the strict wording of the
Ordinance.
M/S/P DeLapp/Johnson — to approve the interpretation of the terms "total area" contained
within the "Agricultural — Non -conforming" paragraph of the table in Section 300.07
Subd. 4.11.2.b. of the City code to mean area of each of two buildings rather than an area
as the sum of two buildings for both acreage levels. (Motion passed 5-0)
Staff agreed to pursue the necessary language changes in the Zoning Ordinance to clearly
reflect the foregoing interpretation ordinance.
F. Ordinance No. 97-176: Lateral Water Main Connection• Ordinance No. 97-177:
Lateral Water Main Connection Charges for Phases I and H:
The City Planner explained the differences between trunk water charges and lateral water
charges. The City Planner that the existing Code is confusing and not what was intended.
He said that the Staff recommends adoption of the two ordinances: one to re -word the
Code regarding WAC/lateral water charges, and one to establish water lateral charges for
the Interconnect Projects I and 11. The Council directed that the ordinances clearly
specify that any additional charges added to deferred connections reflect the City's costs
to carry, such as interest on bonds sold.
M/S/P DeLapp/Johnson — to adopt Ordinance No. 97-176, amending Chapter 600 of the
City Code regarding charges for connection to City water. (Motion passed 5-0)
M/S/P DeLapp/Johnson — to adopt Ordinance No. 97-177, establishing lateral charges for
City Water Interconnect Projects I and II. (Motion passed 5-0)
10. CITY ATTORNEY'S REPORT: None
11. CITY ADMINISTRATOR'S REPORT:
A. Tank Industries and Water Tower — update
The City Administrator reported to Council the status of the proposed repair of the new
water tower concrete support shaft, and reported that the specialized design consultant
stated the support would be acceptable, subject to several conditions included in his letter
to the City and it being structurally sound. The City Administrator and Engineer
confirmed that a special ring had been designed to correct the out -of -round issue, and the
repair work has been approved by TKDA. The work will cant' a total of a 10-year
warranty, with 5 years maintenance after the tank is at full capacity. All inspections will
be completed by an independent contractor.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2006 6
APPROVED AS AMENDED SEPTEMBER 5, 2006
Members of City Council noted several serious inconsistencies between the
recommendations in the consultant's letter and the contractor's letter in response. The
Staff was directed to enforce the consultant's recommendations.
B. Old Village Plans — update:
The City Planner informed Council that a meeting with the Planning Team was scheduled
for Friday, August 18, 2006. He will report to Council about the status of the Village
Area Plans at the September 5, 2006, Council meeting.
12. CITY COUNCIL BUSINESS AND REPORTS:
A. Mayor Johnston: Continues to work on AMM committees and Metropolitan
Agencies Committee, St. Croix Regional Family Center survey conducted and the
location will be announced September 13, 2006. There is no tax burden to the city
selected, and a YMCA would be built a few years later.
Council discussed the question of which school districts were surveyed and if it would be
impact the site selection process.
B. Council Member Conlin: None
C. Council Member DeLapp: Noted that an amendment to State Statutes regarding
annexation passed the 2006 Legislature, requiring both cities' approval where
detachment from one city and concurrent annexation to another city is petitioned. In the
past a single city coveting the land/tax base of a neighbor could petition and have
annexation approved without the consent of the city that would lose the lands. He
observed that this legislation appeared to be a change of course for the Legislature by
inserting more local autonomy in city/city annexation issues, and that, perhaps, is a signal
that the Legislature may be more responsive to local autonomy issues involving the Met
Council.
D. Council Member Johnson: None
E. Council Member Smith: None
Meeting adjourned at 9:12 p.m.
CLOSED SESSION: Lake Elmo vs. Sessing
LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006
APPROVED AS AMENDED SEPTEMBER 5, 2006
Resolution No. 2006-079: Approved Claims
Resolution No. 2006-080: Partial Payment No. 5, Water Interconnect Project Phase 11I,
Riley Brothers Construction
Resolution No. 2006-081: Partial Payment No. 1, Tablyn Park/Lake Elmo Heights Water
Main, Park Construction
Resolution No. 2006-082: Awarded Bid for 2006 Overlays to Valley Paving, Inc.
Resolution No. 2006-083: Approved Septic Drain Field Setback Variances at 8320
Hidden Bay Trail (John and Diana Swanson/Jet Construction)
Resolution No. 2006-084: Granted a Conditional Use Permit/Site Plan at 11051
Stillwater Boulevard North to Locate a Veterinary Clinic
Resolution No. 2006-085: Approved Final Plat of Eagle Point Business Park 61h Addition
Resolution No. 2006-086: Approved Variance and Site Plan for C & C North America
Ordinance No. 97-176: Established Lateral Water Main Charges
Ordinance No. 97-177: Approved Trunk Water Facility and Lateral Water Main Charges
LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2006 6
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-096
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 348, 349, DD885 through DD909,
29655 through 29677, were used for Staff Payroll dated September 141h, 2006; 29654,
29678 through 29731, in the total amount of $889,574.74 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 19th day of September, 2006.
Dean A. Johnston
ATTEST: Mayor
Martin J. Rafferty
City Administrator
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CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-097
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Number 29732, in the total amount of
$270.00 is hereby approved.
ADOPTED, by the Lake Elmo City Council on the 19`h day of September, 2006.
Dean A. Johnston
ATTEST: Mayor
Martin J. Rafferty
City Administrator
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Summary Building Report
AUgust-ZU06
Year to Uate
Permits
Permits
Issued
Valuation7Commercial
Issued
Valuation
New Residential 1
$198,535.00
19
$7,953,388.00
New Commercial 1
$1,400,000.00
5
$15,022,080.00
Other Residential 28
$478,331.00
234
$5,109,742.00
Other Commercial 0
$0.00
l 27
$5,525,616.00
Total 30
$2,076,866.00
Total 285
$33,610,826.00
Total Building Fees Collected
$86,209.02
Total Building Fees Collected
r $453,373.31
Summary Plumbing Report
Summary Plumbing Report
Plumbing 16
$83,400.00
Plumbing 72
$2,196,296.00
Total Plumbing Fees Collected
$982.00
Total Plumbing Fees Collected
$16,471. 00
Summary HVAC Report
Summary HVAC Report
HVAC 7
$33,999.00
HVAC 69
$4,719,705.00
Total HVAC Fees Collected
$428.50
Total HVAC Fees Collected
$46,629.26
Summary Grand Total Fees
$87,619.5
Summary Grand Total Fees
$516,474.07
Surcharge Fee Paid to State
SAC Fees Paid to Met Council
WAC Fees Paid to Oakdale
Misc. Expenses
$1,039.28
$12,400.00
$4,000.00
Surcharge Fee Paid to State
SAC Fees Paid to Met Council
WAC Fees Paid to Oakdale
Misc. Expenses
$17,387.26
$31,000.00
$10,000.00
$0.00
Total Fees Retained
$70,180.24
Total Fees Retained
$458,086.81
Credit Fees to Bldg $22,582.40 Credit Fees to Bldg $355,535.89
Credit Fees to Water $24,000.00 1,Credit
Credit Fees to Water $78,200.00
Credit Fees to Sewer $23,600.00 Fees to Sewer $24,353.00
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City of Lake Elmo
Building Department
Plumbing Permit Detail Summary
August 01, 2005 Through August 31, 2006
Permit # Description of Work
Date Issued
Valuation
5256 gasline
8/9/2006
1,200
5257 gasline
8/9/2006
1,300
5258 gasline
8/10/2006
1,200
5259 gasline
8/10/2006
1,200
5260 gasline
8/10/2006
1,200
5262 alter septic
8/11/2006
14,500
5263 commercial plumbing alter
8/11/2006
20,000
5270 gasline
8/22/2006
1,400
5271 gasline
8/22/2006
1,400
5279 Septic
8/29/2006
17,000
5282 gasline
8/29/2006
1,400
5283 gasline -
8/29/2006
1,400
5286 new resd
8/30/2006
17,000
5289 gasline
8/31/2006
1,400
5290 gasline
8/31/2006
1,400
5291 water heater install
8/31/2006
400
Number of Permits 16 Total T�aduation = 83,400
Thursday, September 07, 2006 �.. m Page 1 of 1
City of Lake Elmo
Building Department
HV4 C Permit Detail Summary
August 01, 2006 Through August 31, 2006
Permit # Description of Work
Date Issued
Valuation
5241 alter resd hvac
8/1/2006
2,199
5242 air conditioning
8/1/2006
3,300
5254 alter resd hvac
8/8/2006
1,000
5254 air conditioning
8/14/2006
1,000
5265 alter resd hvac
8/14/2006
3,500
5277 alter resd hvac
8/25/2006
15,000
5286 HVAC-residential
8/30/2006
8,000
Number of Permits 7 Total Valuation = 33,999
Thursday, September 07, 2006 Page 1 of 1
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City of Lake Elmo
Building Department
Plumbing Permit Fees
August 01, 2006 Through August 31, 2006
Date
Permit #
Permit Fee
Surcharze
8/9/2006
5256
$50.00
$0.50
8/9/2006
5257
$50.00
$0.50
8/10/2006
5258
$50.00
$0.50
8/10/2006
5259
$50.00
$0.50
8/10/2006
5260
$50.00
$0.50
8/11/2006
5262
$50.00
$0.50
8/11/2006
5263
$150.00
- $0.50
8/22/2006
5270
$0.00
$0.00
8/22/2006
5271
$0.00
$0.00
8/29/2006 -
5279
$150.00
$0.50
8/29/2006
5282
$50.00
$0.50
8/29/2006
5283
$50.00
$0.50
8/30/2006
5286
$125.00
$0.50
8/31/2006
5289
$50.00
$0.50
8/31/2006
5290
$50.00
$0.50
8/31/2006
5291
$50.00
$0.50
Totals.,
..�...�..,,-...,,.,�..,�..,�....�,.$975.00
$7.00
Grand Total of Plumbing Fees Collected: $982.00
City of Lake Elmo
Building Department
H"CN mitFees
August 01, 2006 Through August 31, 2006
Date
Permit #
Permit Fee
Surcharge
8/1/2006
5241
$50.00
$0.50
8/1/2006
5242
$50.00
$0.50
8/8/2006
5254
$50.00
$0.50
8/14/2006
5264
$50.00
$0.50
8/14/2006
5265
$50,00
$0.50
8/25/2006
5277.
$50.00
$0.50
8/30/2006
5286
$125.00
$0.50
Totals:
$425.00 x,Y1YWAe1Y��
$3.50
Grand Total ofHVAC Fees Collected. $428.50
(The 281h Street Feasibility Report Will Be Handed Out at the Meeting)
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-098
A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND
ORDERING A PUBLIC HEARING FOR THE
28' STREET CONSTRUCTION PROJECT
WHEREAS, a feasibility report has been prepared by TKDA with reference to the
280h Street Construction Project and this report was received by the City Council on
September 19, 2006.
WHEREAS, the report provides information regarding whether the proposed
project is necessary, cost effective, and feasible.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, MINNESOTA:
1. The Lake Elmo City Council will consider the 28th Street Construction Project
in accordance with the report and the assessment of abutting property for all
or a portion of the cost of the improvement pursuant to Minnesota Statutes
Chapter 429 at an estimated cost of the improvement of
2. A Public Hearing has been order on said street improvement on the th
day of 2006 at Lake Elmo City Hall, 7:00 p.m. and the clerk shall give
mailed and published notice of such hearing improvement as required by law.
ADOPTED by the Lake Elmo City Council this 19th day of September, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
'V21
Lai
v
01
FEASIBILITY REPORT
28TH STREET NORTH
STREET IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
T lqrwm
D
ENGINEERS • ARCHITECTS • PLANNERS
Date: September 19, 2006
Project No. 13593.000
1500 Piper Jatray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651) 292-4400
(651) 292-0083 Fax
www.tkda.com
TKDA
ENGINEERS• ARCHITECTS• PLANNERS
FEASIBILITY REPORT
28TH STREET NORTH
STREET IMPROVEMENTS
SAINT PAUL, MINNESOTA
CITY OF LAKE ELMO, MINNESOTA
TKDA PROJECT NO. 13593.000
SEPTEMBER19,2006
I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I
am a duly Licensed Professional Engineer under the laws of the State of Minnesota.
Tomas D. Prew, .E.
License No. 19621
13593.000
F'
L
r
�,
28TH STREET NORTH STREET IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 13593.000
TABLE OF CONTENTS
PAGE NO.
I.
INTRODUCTION............................................................................................................:1
ILINITIATION
.....................................................................................................................1
III.
IMPROVEMENT..............................................................................................................1
IV.
PERMITS AND APPROVALS.........................................................................................2
V.
ESTIMATED PROJECT COSTS.....................................................................................2
VI.
PROJECT FINANCING...................................................................................................3
VII.
PROJECT ASSESSMENTS............................................................................................3
VIII.
RIGHT-OF-WAY..............................................................................................................3
IIX.
PROJECT SCHEDULE...................................................................................................4
I X.
STATEMENT OF FEASIBILITY........................................................................
(' XI.
RECOMMENDATION.....................................................................................................4
APPENDIX
PRELIMINARY ASSESSMENT ROLL..........................................................................................1
ESTIMATED CONSTRUCTION COSTS OPTION 1.....................................................................2
ESTIMATED CONSTRUCTION COSTS OPTION 2.....................................................................3
PRELIMINARYPLAN...................................................................................................................4
1;
13593.000
C
28TH STREET NORTH STREET IMPROVEMENTS
CITY OF"LAKE ELMO, MINNESOTA
I. INTRODUCTION
A petition was received by the City of Lake Elmo requesting the paving of 28th Street
North. The City Clerk verified the petition and it was presented at the September 5, 2006
City Council Meeting. Council direction, at that meeting, was to prepare a Feasibility
Report to pave 28th Street North.
II. INITIATION
The City Council initiated this Project. A 4/5th's vote of the City Council is necessary to
order this Project.
EXISTING CONDITIONS
The street currently is gravel surfaced, it varies in width from 22 feet at the intersection with
Jamley Avenue, down to a single driveway width at the ends. There are six houses and
one undeveloped lot which use the street for access.
The street has never been improved to City standards. It has recently had a watermain
installed. There is no storm sewer, or well defined ditches.
III. IMPROVEMENT
There is 33 feet of Right -of -Way along this roadway, which is approximately half of the
typical Right -of -Way for a standard municipal street. This reduced Right -of -Way eliminates
the possibility of a turn -around being constructed. Because a turn -around cannot be built,
the minimum street width recommended is 22 feet. This width will allow snow plows and
other large vehicles to more easily back-up. The north edge of the pavement would be
3 feet off of the northern Right -of -Way line.
The roadway would be constructed to the City standard section of 12 inches of Class 5
aggregate base, 1.5 inches of bituminous non -wear, and 1.5 inches of bituminous wear.
Further soil investigation would be necessary to determine if additional soil correction
measures are needed.
1 13593.000
I
IV
V
The western portion of the road appears to have very soft soils, and does flood during
some springs. It is not proposed to pave this portion of the street because of these factors.
No ponding or other storm water treatment is planned, due to the narrow Right -of -Way.
City Council has also requested that a cost estimate be prepared for a road section of
6 inches of Class 5 aggregate base, 2 inches of bituminous wear, and 18 feet wide. This
estimate is also included in the Appendix.
PERMITS AND APPROVALS
None.
ESTIMATED PROJECT COSTS
The prices quoted herein are from Park Construction Company's Unit Prices provided for
the Tablyn Park/Lake Elmo Heights Watermain Extension project. A detailed cost estimate
is located in the Appendix.
Recommended Street Project Cost
Item
Estimated Construction Cost
Indirect Costs
Estimated Project Cost
Optional Street Project Cost
Estimated Cost
$ 60,222.78
$ 5,000.00
$ 65,222.78
Item Estimated Cost
Estimated Construction Cost $ 35,627.09
Indirect Costs $ 5,000.00
Estimated Project Cost $ 40,627.09
2 13593.000
f
L
I
VI. PROJECT FINANCING
This Project will be financed by assessments to benefiting properties, and a General Fund
Contribution. Funding from our Grant from 3M for the watermain project would cover about
$7,000 of the cost.
' Because this project is not in the City's Capitol Improvement Plan, there is no funds
I budgeted for this project in 2006.
VII. PROJECT ASSESSMENTS
This street has not previously been upgraded to City Standards. The City needs to
determine an assessment rate for the project.
Recent appraisals by the City have shown that the increase in value for an upgraded road
for a neighborhood such as this is about $2,500.00 per buildable lot.
The City may also choose to assess the full value of the project to the benefiting
properties, since there has been no previous road built here.
ASSESSMENT OPTION 1:
Base on an assessment of $2,500.00 to each buildable lot which uses this street, the City
would collect $17,500.00. The City would contribute the remaining $41,000.00
ASSESSMENT OPTION 2:
Entire project cost to be assessed equally to each buildable lot. Allowing for the
contribution from 3M, this would yield an assessment rate of $8,300 per buildable lot.
VIII. RIGHT-OF-WAY
No additional Right -of -Way is required.
3 13593.000
IX. PROJECT SCHEDULE
The proposed Project schedule is as follows:
1. Feasibility Report Received by City Council
2. Public Hearing
3. City Council Authorizes preparation of
Plans and Specifications
4. City Council Approves Plans, Authorizes
Advertisement for Bids
5. Open Bids
6. City Council Awards Bid
7. Contractor Begins Construction
8. Contractor Completes Construction
9. Assessment Hearing
X. STATEMENT OF FEASIBILITY
September 19, 2006
October 17, 2006
October 17, 2006
November 8, 2006
November 30, 2006
December 5, 2006
Spring, 2007
Spring, 2007
Spring, 2007
The construction of the street improvements considered in this Feasibility Report are
feasible from an Engineering standpoint. The economic feasibility is to be determined by
the City Council and residents involved.
XI. RECOMMENDATIONS
• We recommend the City proceed with the option of a 22-foot wide street on a standard
city street section. The project should be done in phases, with the existing Contractor
placing the gravel base. This will allow any settling to occur over the winter.
• Next summer the paving would be completed under a separate bid.
• It is recommended that the assessments be set at $2,500 per unit.
4 13593.000
r
E
APPENDIX
PRELIMINARY ASSESSMENT ROLL
Name/Address
Dave and Linda Hardy
2742 Ivy Avenue
Julie and Lance Ray
9043 28th Street
Richard Lloyd and Jodi Law
9049 28th Street
Glen and Connie Wichelmann
9065 28'h Street
Richard and Nancy Lohmann
9079 28th Street
Robert Schumacher
9155 28`h Street
Robert Schumacher
9155 28`h Street
Proposed Assessment
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
TOTAL o$T,1ff.pp
ENGINEER'S ESTIMATE
28TH STREET IMPROVEMENTS - OPTION 1
TKDA
CITY OF LAKE ELMO, MINNESOTA
TKDA PROJECT NO. 13593.000
ENGINEERS •AROHRECIS • PLANNERS
ENGINEER'S ESTIMATE
ITEM
UNIT TOTAL
NO. DESCRIPTION
QUANTITY
UNIT
PRICE AMOUNT
28th GREET N. (STREET WORK)
1
_2
COMMON EXCAVATION
794.0
CY
$ 21.45
$ 17,031.30
AGGREGATE BASE, CL. 5
1320.0
TN
$ 11.39
$ 15,034.80
3
TYPE LV-3 BIT. NON -WEAR COURSE MIXTURE
1 172.0
1 TN
1 $ 52.44
$ 9,019.88
4
Tg-4 BIT. WEAR COURSE MIX
172.0
TN
$ 68.25
$ 10,019.00
5
BOUS MATERIAL FOR TACK COAT
87.0
GA
$ 2.68
$ 233.16
6
BOUS DRIVEWAY APRON 2") (NEW)
68.0
SY
$ 49.21
$ 3,346.28
7
SEAL STREET (40' INTERVALS)
374.0
LF
$ 1.44
$ 538.56
8
LAW RRESTORATION
1.0
LG
$ 5,000.00
$ 5,000.00
TOTAL
$ 60,222.78
Page 1
L
ENGINEER'S ESTIMATE
28TH STREET IMPROVEMENTS - OPTION 2
CITY OF LAKE ELMO, MINNESOTA
TKOA PROJECT NO. 13693.000
ITEM
NO, DESCRIPTION
QUANTITY
UNIT
TKDA
ENGINEERS • ARCHRE0IS • PLANNERS
ENGINEER'S ESTIMATE
UNIT TOTAL
PRICE AMOUNT
28th SREET N. (STREET WORK
1
COMMON EXCAVATION
385.0
CY
$ 21.45
$ 8,258.25
2
AGGREGATE BASE, CL. 5
600.0
TN
$ 11.39
$ 6,834.00
3
TYPE LV-4 BIT, WEAR COURSE MIX
200.0
TN
$ 58.25
$ 11,650.00
4
BITUMINOUS DRIVEWAY APRON(2")(NEW)
68.0
SY
$ 49.21
$ 3,348.28
5
5AW & SEAL STREET (40' INTERVALS)
374.0
LF
$ 1.44
$ 538.56
e
LAWN RESTORATION
1.0
Ls—
$ 5 0000,00
$ 5,000.00
TOTAL
$ 35.627.09
Page 1
VEL
TKDA
ENGINEERS -ARCHITECTS -PLANNERS
' WIDE FUTURE
ROAD
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9155
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FEASIBILITY STUDY
28TH STREET N.
STREET IMPROVMENTS
General No Parking Regulations. The following is a summary of the provisions of
Minnesota Statutes Section 169.041 which would apply to vehicles and trailers in the
City of Lake Elmo:
TOWING
1. Towing Order Required. The City may not tow a motor vehicle or trailer from
public property unless the City's law enforcement officer has prepared, in
addition to the parking citation, a written towing report describing the motor
vehicle or trailer and the reasons for towing. The report must be signed by the
officer and the tow driver.
2. Four (4) Hour Waiting Period. The City may not tow, or allow or require the
towing of a motor vehicle or trailer from public property for a parking or traffic
violation until four (4) hours after the issuance of a traffic ticket or a citation,
except as hereinafter provided:
(a) The vehicle is parked in violation of snow emergency regulations;
(b) The vehicle is parked in a rush hour restricted parking area;
(c) The vehicle is blocking a driveway, alley or fire hydrant;
(d) The vehicle is parked in a bus lane, or at a bus stop, during hours
when parking is prohibited.
(e) The vehicle is parked within thirty (30) feet of a stop sign and
visually blocking the stop sign;
(f) The vehicle is parked in a handicap transfer zone or handicapped
parking space without a handicapped parking certificate or
handicapped license plate;
(g) The vehicle is parked in an area that has been posted for temporary
restricted parking at least twelve (12) hours in advance;
(h) The vehicle is parked within a right of way of a controlled access
highway or within the traveled portion of a public street when travel
is allowed there;
(i) The vehicle is unlawfully parked in a zone that is restricted by posted
signs to use by fire, police, public safety or emergency vehicles;
(j) A law enforcement official has probable cause to believe that the
vehicle is stolen, or that the vehicle constitutes or contains evidence
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of a crime and impoundment is reasonably necessary to obtain or
preserve the evidence.
(k) The driver, operator, or person in physical control of the vehicle is
taken into custody and the vehicle is impounded for safekeeping;
(t) A law enforcement official has probably cause to believe that the
owner, operator, or person in physical control of the vehicle has
failed to respond to five or more citations for parking or traffic
offenses;
(m) The vehicle is unlawfully parked in a zone that is restricted by posted
signs to use by taxicabs;
(n) The vehicle is unlawfully parked and prevents egress by a lawfully
parked vehicle;
(o) The vehicle is unlawfully parked, on a school day during prohibited
hours, in a school zone on a public street where official signs prohibit
parking;
(p) The vehicle is a junk, abandoned or unauthorized vehicle, as defined
in Minnesota Statutes Section 168B.011, and subject to immediate
removal under Minnesota Statutes Chapter 1686; or
(q) The vehicle is located so as to constitute an accident or traffic
hazard to the traveling public, as determined by the City's law
enforcement agency.
F:\users\Janice\Jerry\LE\General Parking Reguiations.doc
2
1005.045 Parking of Trailers. No trailer shall be parked in the following "No
Trailer Parking" zones unless a temporary parking permit has been
issued by the City Administrator as provided in Section 1005.05
(a) Lake DeMontreville Public Access:
1. 53rd Street from DeMontreville Trail to the west of the
street.
2. DeMontreville Trail from 50th Street to DeMontreville
Circle.
3. Highlands Trail from Hilltop Avenue to DeMontreville
Trail; and from DeMontreville Trail to Highland Trail
Court.
4. Hytrail from Highlands Trail to 59th Street
5. 50th Street From Hilltop Avenue to the east end of the
street
(b) Lake Jane Public Access
1. Lake Jane Trail from Irvin Court to Tapestry Drive
2. Jamaca Avenue from Lake Jane Trait to 4266 Street
3. Jane Road from Lake Jane Trail to Jane Court
THE LAKE ELMO CITY COUNCIL HEREBY ORDAINS THAT SECTION 1005.03 SUBD. 1 IS
REPEALED.
ADOPTION DATE: Passed by the Lake Elmo City Council on the _ day of
12006.
EFFECTIVE DATE: This Ordinance shall be effective the day following its publication.
Dated: 2006
Dean Johnston, Mayor
ATTEST:
Marty Rafferty, City Administrator
PUBLICATION DATE: Published on the _ day of 2006
F:\users\Janice\Jerry\LE\Illegally Parked Vehicles Ordinance.doc
2
Existing No Parking Locations in Tri Lakes Area
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No Parking Locations
Map Created: August 8, 2006
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Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9A
City Council
September 19,
2006
Agenda Item: Comp Plan Amendment &Rezoning —Apostolic Church Site 00`1' Street)
Background Information for September 19, 2006:
This City Council -initiated proposal to reclassify the approximately 14 acre site from PF to RAD and
rezone the site from PF to RR has been recommended for approval by both staff and the Planning
Commission. The matter was again on the Council's agenda September 5 and tabled to September 19 to be
considered by a full 5 member Council (only 4 members were present on September 5).
Action items: C_q3
Person responsible:
Motion to adopt Resolution #2006 — Approving a Comprehensive
C' y ner
Plan Amendment, subject to Metropolitan Council concurrence.
If the Resolution is Adopted
Motion to adopt Ordinance #97 — amending the Lake Elmo
Zoning Map for conformance with Resolution #2006 - . Said
ordinance not to be published until receipt of Metropolitan
Council concurrence with the Plan amendment Resolution.
Attachments:
Time Allocated:
1. July 15, 2006 Agenda Materials
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Comprehensive Plan Amendment — Apostolic Bible Church Site: PF to RAD
City of Lake Elmo
Washington County, Minnesota
Resolution No. 2006-093
. A RESOLUTION GRANTING A
COMPREHENSIVE PLAN AMENDMENT
GUIDING LAND USE FROM PF TO RAD
TO THE CITY OF LAKE ELMO
WHEREAS, the City of Lake Elmo has made application for a Comprehensive
Plan Amendment, amending the land use guiding from PF to RAD for the following
parcel of land; to wit:
Legal Description
That part of the Southeast Quarter of the Southeast Quarter of Section 28,
Township 29, Range 21, Washington County, Minnesota, described as follows:
Commencing at the southwest corner of the Southeast Quarter of said Section 28;
thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East,
along the south line of said Southeast Quarter, 1770.00 feet to the point of
beginning; thence North 01 degrees 06 minutes 32 seconds West 245.00 feet;
thence northeasterly, along a tangential curve, concave to the southeast, having a
radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds,
168.77 feet; thence North 38 degrees 53 minutes 28 seconds East, tangent to the
last curve, 125.60 feet; thence northerly along a tangential curve, concave to the
Northwest, having a radius of 254.72 feet and a central angle of 39 degrees 40
minutes 47 seconds, 176.41 feet; thence North 00 degrees 47 minutes 19 seconds
West, tangent to the last curve, 74.17 feet; thence northeasterly along a tangential
curve, concave to the southeast, having a radius of 60.00 feet and a central angle
of 39 degrees 11 minutes 42 seconds, 41.04 feet to a point of reverse curve;
thence northeasterly, northerly and westerly along said reverse curve, concave to
the southwest, having a radius of 60.00 feet and a central angle of 162 degrees 33
minutes 43 seconds, 170.24 feet; thence North 00 degrees 47 minutes 19 seconds
West, not tangent to last curve, 257.85 feet; thence South 88 degrees 47 minutes
13 seconds West, parallel with the north line of said Southeast Quarter of the
Southeast Quarter 591.91 feet to the west line of said Southeast Quarter of the
Southeast Quarter; thence southerly along the west line of said Southeast Quarter
of the Southeast Quarter 1116.18 feet to the southwest corner of said Southeast
.Quarter of the Southeast Quarter; thence easterly along the South line of said
Southeast Quarter of the Southeast. Quarter 464.71 feet to the point of beginning.
Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter.
Note: The above -described Parcel contains 14.352 Acres, more or less.
WHEREAS, the Lake Elmo Planning Commission considered this
Comprehensive Plan Amendment request at its July 10, 2006 meeting, and recommended
that the Comprehensive Plan Amendment be granted.
WHEREAS, the Comprehensive Plan Amendment request was presented to the
City Council at its July 18, 2006 City Council Meeting where the following Findings
were made:
1. The subject site is an `island' of PF surrounded by RAD land use guiding which is
essentially `spot -guiding' with no factual basis to support the existing PF
classification, and RAD land use guiding continues to surround the site on three
sides.
2. The record of the 1989 City action to reclassify the site from RAD to PF fails to
provide Findings to support that reclassification beyond the interests of the
property owner leading to the conclusion that an error may have resulted by the
action.
3. There has been no evidence that the property owner intends to execute
development of the site as a church during the past 7+ years. Conditions appear
to have changed from those existing at the time of the 1989 Comprehensive Plan
Amendment classifying the site as PF. The property owner has been officially
notified of this pending amendment, and has not responded.
NOW, THEREFORE, BE IT RESOLVED that the land use designation on the
Lake Elmo Comprehensive Plan for the foregoing described property is hereby amended
from PF to RAD subject to review and concurrence by the Metropolitan Council.
ADOPTED by the Lake Elmo City Council this 19th day of September, 2006
Dean A. Johnston, Mayor
ATTEST:
Martin Rafferty, City Administrator
ORDINANCE 97-178
CITE OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE 1979 MUNICIPAL CODE OF LAKE ELMO
The City Council of the City of Lake Elmo ordains:
Section 1. Amendment Section 301 070C of the 1979 Municipal Code of Lake
Elmo adoroted October 16, 1979. It is hereby amended to the change the zoning district
map by rezoning the following described parcel from Public Facility to Rural Residential,
to wit:
That part of the Southeast Quarter of the Southeast Quarter of Section 28,
Township 29, Range 21, Washington County, Minnesota, described as follows:
Commencing at the southwest corner of the Southeast Quarter of said Section 28;
thence on an assumed bearing of North 88 degrees 53 minutes 28 seconds East,
along the south line of said Southeast Quarter, 1770.00 feet to the point of
beginning; thence North 01 degrees 06 minutes 32 seconds West 245.00 feet;
thence northeasterly, along a tangential curve, concave to the southeast, having a
radius of 241.75 feet and a central angle of 40 degrees 00 minutes 00 seconds,
169.77 feet; thence North 38 degrees 53 minutes 28 seconds East, tangent to the
last curve, 125.60 feet; thence northerly along a tangential curve, concave to the
Northwest, having a radius of 254.72 feet and a central angle of 39 degrees 40
minutes 47 seconds, 176.41 feet; thence North 00 degrees 47 minutes 19 seconds
West; tangent to the last curve, 74.17 feet; thence northeasterly along a tangential
curve, concave to the southeast, having a radius of 60.00 feet and a central angle
of 39 degrees 11 minutes 42 seconds, 41.04 feet to a point of reverse curve;
thence northeasterly, northerly and westerly along said reverse curve, concave to
the southwest, having a radius of 60.00 feet and a central angle of 162 degrees 33
minutes 43 seconds, 170.24 feet; thence North 00 degrees 47 minutes 19 seconds
West, not tangent to last curve, 257.85 feet; thence South 88 degrees 47 minutes
13 seconds West, parallel with the north line of said Southeast Quarter of the
Southeast Quarter 591.91 feet to the west line of said Southeast Quarter of the
Southeast Quarter; thence southerly along the west line of said Southeast Quarter
of the Southeast Quarter 1116.18 feet to the southwest corner of said Southeast
Quarter of the Southeast Quarter; thence easterly along the South line of said
Southeast Quarter of the Southeast Quarter 464.71 feet to the point of beginning.
Excepting the south 33.00 feet of said Southeast Quarter of the Southeast Quarter..
Note: The above -described Parcel contains 14.352 Acres, more or less.
Section 2. Effective Date. This ordinance shall become effective upon its passage and
publication.
Adopted by the City Council of the City of Lake Elmo this 19th day of September, 2006
Dean A. Johnston, Mayor
Martin Rafferty, City Administrator
PUBLIC HEARING: Comprehensive Flan Amendment P RAFT
end Rezoning for time Aperstdiic Church Site
The Planner said the City Council initiated this petition to reclassify and rezone this 13 acre
portion of a parcel on the north side of I Oa' Street from PF to RAD (Comp Plan) ; and PF to RR
(zoning). He reported that no church construction has taken place over 17 years, nor has there
been any indication from the owner that. church construction is contemplated in the near future..
THE Cl-IAA,Ii IAN OPENED THE PUBLIC HEARING AT 8:18 P.M.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:19 P.Idf.
M/S/P, Ptacek/Deziel To recommend amending the Comprehensive Plan to reclassify the site
owned by Apostolic Church from PF to RAD. Vote: 6:0.
M/S/P, Ptacek/Van. Zandt To recommend the Apostolic Bible Church site to be rezoned. from PF
to RR on the condition that the Comprehensive Plan amendment to reclassify the site to RAD is
approved. Vote: 6:0
DRAFT DRAFT
STAFFREPORT
Date: July 7, 2006 for the Meeting of July 10, 2006
Applicant: City of Lake Elmo by It's City Council
.Location: 8890 10a' Street North
Requested Action: Comprehensive Plan Amendment and Rezoning
Land Use Plan Guiding: PF
Existing .Zoning: PF
Site History and Existing Conditions:
City records regarding this 38 acre (overall) site date back to 1988. The site owner (Apostolic
Bible Church) applied to the City to rezone the entire 38 acres from RR (Rural Residential) to PF
(Public/Semi-Public Facilities) with the specific intent to build a church. There were also
indications that the applicant may, include a seminary facility on the site.
No application or discussion of a corresponding Comprehensive Plan amendment appears in the
1989/1989 records of this proceeding, except reference to a clause in the City Zoning Ordinance
(that remains to this day as 301.060 E.8) stating that a rezoning action automatically amends the
Comprehensive Plan to conform with the zoning. While that may have been the understanding of
the City at that time (Comp Plan responds to zoning), Minnesota court decisions (and Statute
amendments) that may have taken place subsequent to 1998/1989 clearly prescribe that zoning
must respond to the Comp Plan. Hence (at least today) there can be no rezoning that is
inconsistent with the Land Use Plan. Today, the Plan must be amended first.
Following initial review, Public Hearing and discussion at the Planning Commission level the
applicant amended the rezoning application to reduce the area of the requested action to the
westerly 13 + acres (net of road right-of-way) of the 38+ acre site. Although the Planning
Commission recommended denial of the application, the City Council did eventually approve it
and a related land division, That land division is not, however, of record with Washington County,
In 1991 the property owner (Apostolic Church) was asked by the City if they intended to proceed
with the church project to which they responded in the affirmative, but that construction would not
start until at least 1994. This inquiry by the City was initiated responsive to a suggestion that the
land be rezoned back to RR since no church construction had taken place.
In 1998 the church advised the City that it planned to move forward with church construction
during 1998. This may have been responsive to concurrent work by the City to amend the PF
zoning district standards in a manner that was viewed by this. church (and others) as constraining.
Those PF amendments were eventually adopted by the City. There has been no contact of the City
by the church regarding building plans since at least 2000.
'Discussion and Analysis:
The City Council has recently directed Staff to process a City Council -initiated Comprehensive
Plan amendment for the subject 13+ acres to reclassify the Plan land use from PF to RAD —
consistent with the surrounding. lands. The Council also initiated a complimentary rezoning
process for the site to reclassify zoning. from PF to RR — again consistent with surrounding
properties. The property owner (and property owners within 350 feet of the site) have been
notified of the proposed actions.
Comprehensive Plan amendments are generally based on one or both of the following:
1. A change of conditions regarding the subject site, or the surrounding area.
2. An error in the existing Plan classification.
Staff review of the substantial records regarding the 1988/1989 proceedings that lead to the
rezoning of this site from RR to PF reveal (as noted above) that there was no discussion of the
Comprehensive Plan amendment except the reference to the "zoning equals Plan" clause of the
Zoning Ordinance. No findings regarding either change of conditions or error supported that Plan
amendment — rather, a basic determination of whether it was the "right" or "wrong" action by the
City based on a substantially different understanding of the importance of comprehensive plans
that cities are required by Statute to adopt in 2006,
Staff concedes the advantages of 20120 hindsight as we, address the land use guiding and zoning of
this site today — 17 years after the action. There were no specific findings (reflected in Minutes) in
support of the 1989 action to assist in determining the reasons for the actions — beyond the
applicant's ownership of the site — no error claimed, nor any change of conditions claimed (other
than site ownership). Today, that alone could easily be construed as an error in the 1989 action,
and the basis to return the site to RAD land use classification and RR zoning that the site held
prior to the 1989 action to rezone (and automatically reclassify in the Comp Plan).
As the City has witnessed during the recent consideration of the Lakewood Church Comp Plan
Amendment and rezoning applications, PF land use guiding and zoning tends to be a special case
that is not easily addressed by planning theory or practice. Predeterming the need for and
geographic placement of the PF-type uses as Comprehensive Plans are prepared is seldom
accomplished, except in the case of large PUD projects (often hundreds of acres). In those cases
the project alone may suggest PF needs (such as schools) and even church sites by mere project
scale. Beyond that, PF land use decisions (other than accommodating existing PF uses) becomes
an ad hoc practice based as much on judgment by planners and policy makers as on factual
circumstances.
Findings and Recommendations:
Staff suggests the following Findings be considered regarding the City Council initiated
application for amendment of the Comprehensive Plan to reclassify this site from PF to RAD:
1. The subject site is a 13 acre "island" of PF surrounded by RAD land use guiding —
essentially "spot guiding" with no factual basis to support the existing PF classification,
and RAD land use guiding continues to surround the site on 3 sides.
2. T7is record of the 1989 City action to reclassify the site from RAD to PF fails to provide
Findings to support that reclassification beyond the interests of the property owner leading
to the conclusion that an error may have resulted by the action.
3. There has been no evidence thatthe property owner intends to execute development of the
site as a church during the past 7+ years: Conditions appear to have changed from those
existing at the time of the 1989 Comprehensive Plan amendment classifying the site as PF.
The property owner has been officially notified of this pending amendment, and has not
responded.
Based on the foregoing, staff recommends the Comprehensive Plan be amended for this site to
reclassify the site in the Land Use Plan from PF to RAD, subject to the Metropolitan Council
concurrence mandated by State Statute.
Staff further recommends that the subject site be rezoned form PF to RR on the condition that the
recommended Comprehensive Plan amendment is adopted by the City Council and concurred in
by the Metropolitan Council.
?'Tanning Commission Actions Requested.
Motion to recommend the Comprehensive Plan be amended for the site known as the Apostolic
Bible Church site to reclassify the site in the Land Use Plan from PF to RAD, subject. to the
Metropolitan Council concurrence mandated by State Statute.
Motion to recommend that the subject site be rezoned form PF to RR on the condition that the
recommended Comprehensive Plan amendment is adopted by the City Council and concurred in
by the Metropolitan Council.
Charles E. Dillerud, City Planner
Attachments:
1. Location Map
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Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9B
City Council
September 19,
2006
Agenda Item: Meeting with Oak Park Heights City Council — Buberl/Nass/Bidon Annexation
Background Information for September 19, 2006:
The captioned property owners have (again) submitted a September 5, 2006 request to Oak Park Heights to
have lands in Lake Elmo between the Kern Center and Manning - parallel to Highway 36 - detached form
Lake Elmo and annexed to Lake Elmo. By his September 14 letter the Oak Park Heights City Council has
requested a joint meeting with the Lake Elmo City Council at the Oak Park Heights City Hall at 6:00 PM on
Tuesday, September 26, 2006 to discuss the property owner's annexation request. September 26 is an "off
Tuesday for the City Council.
The property owners have not notified Lake Elmo of their annexation request to date. New State Law
(effective August 1, 2006) now requires approval by both cities in a concurrent detachment/annexation
action as this would be. Formerly only the City annexing the property needed to approve the action.
Action items:
Person Y s onsibie:
"�l
Direction to staff as to how to advise Oak Park Heights regarding
ity er
whether the Lake Elmo City Council will be available to meet
with the Oak Park Heights City Council on this matter September
26.
Attachments:
Time AIlocated:
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14168 Oak Park Blvd. N • Box 2007. Oak Park, Heights, MN 55082 F Phone (631) 439-4439 a Fax (651) 439.0574
September 14, 2006
Mr. Marty Rafferty
City Administrator
City of Lake Elmo
3800 Laverne Ave. North
Lake Elmo, MN 55042
RE: Annexation Request
Dear Marty,
The City of.Dak Park Heights has received a request for annexation from three, persons owning land in the
City of Lake Elmo. Please see the attached information.
Oak Park Heights is obliged to respond to the request in some form. Accordingly, the Oak Park Heights
City Council wishes to hold a work session with the Lake Elmo City Council to discuss this request prior to
taking any material action or response.
We suggest that such work session be held at 6 pm, on Tuesday, September 26ih, 2006 at the Oak Park
Heights City Hall, rear conference room. Please let me know if such date and time is satisfactory or if there
are other comments or questions.
I loolc for
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September S, 2006
Dear: City of Oak Park Heights Mayor, Council and Staff,
We the following land owners (Robert Buberl, Thomas Bidon, and Bernard Nass) wish to
have our properties annexed into the City of Oak Park Heights.
We have requested to the City of Lake Elmo to have our properties rezoned for the
benefit of the people to development the property for the highest and best use. The City
of Lake Elmo has denied our requests for rezoning and to provide the public with the
highest and best use for the property.
We request the City of Oak Park Heights to take action to have our properties annexed
into your city. We the land owners will pay all the cities costs associated for the
annexation process. We look forward to working with the city on the annexation process.
Thank you,
Landowners
cc: City of Lake Elmo Mayor, Council and Staff
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Agenda Section: Planning, Land Use and Zoning
No. 9C
City Council
September 19,
2006
A ends Item: Metro Transit Park & Ride Proposal
Background Information for September 19. 2006:
Metro Transit/Metro Council staff presented a concept plan for a 500 car Park & Ride facility to the City
Council Workshop on September 12. The facility is proposed by Metro Transit to be located at the
Northwest Quadrant of I-94 and Keats Avenue in Lake Elmo. The City Council directed the subject be
added to the September 19 Council Regular Meeting Agenda.
Planning staff advises the City Council that the site proposed for the Park & Ride is land use classified
"Limited Business" (Future Sewer) by the recently adopted 2030 Comprehensive Plan. The site is also
currently zoned "Limited Business". A Park & Ride facility such as that proposed by Metro Transit would
require a "Public Facilities" land use classification (and a Comprehensive Plan Amendment to attain that
classification) and a rezoning from LB to PF as well. In addition, Conditional Use Permit and Site Plan
approvals would be required (if the site is reguided and rezoned to PF).
No planning & zoning applications have been made nor required Hearings conducted regarding this manner
to date. The Comprehensive Plan Amendment and rezoning would both be super majority (4 vote) decisions
at such time as the proper & legal requests are made and processed by the City as prescribed by State
Statute and City Ordinance.
Person responsible:
Action items:
None recommended pending formal applications.
City Planner
Attachments:
Time Allocated:
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CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-099
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS
TABLYN PARK/LAKE ELMO PLUMBING CONNECTION
WHEREAS, the City Engineer has prepared plans and specifications for the Tablyn
Park/Lake Elmo Heights Plumbing Contract (Contract A) and has presented such plans
and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE
ELMO, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part
hereof, are hereby approved.
2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement
shall be published for two weeks, shall specify the work to be done, shall state that
bids will be opened and considered by the Council at the , 2006 Council
meeting, in the Council chambers of the City Hall, and that no bids will be
considered unless sealed and filed with the clerk and accompanied by a cash
deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of
the amount of such bid.
ADOPTED BY THE COUNCIL this 19th day of September, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
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CITY OF LAI E ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-100
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS
TABLYN PARK/LAKE ELMO PLUMBING CONNECTION
WHEREAS, the City Engineer has prepared plans and specifications for the Tablyn
Park/Lake Elmo Heights Plumbing Contract (Contract B) and has presented such plans
and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE
ELMO, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made apart
hereof, are hereby approved.
2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement
shall be published for two weeks, shall specify the work to be done, shall state that
bids will be opened and considered by the Council at the , 2006 Council
meeting, in the Council chambers of the City Hall, and that no bids will be
considered unless sealed and filed with the cleric and accompanied by a cash
deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of
the amount of such bid.
ADOPTED BY THE COUNCIL this 19th day of September, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
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DRAFT
CITY OF LAKE ELMO
CITY COUNCIL MEETING
SEPTEMBER 5, 2006
L AGENDA
2. MINUTES: August 15, 2006
3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL:
A. PUBLIC INQUIRIES:
B. PUBLIC INFORMATIONAL:
(1) CIC Presentation on Senior Housing
(2) Resolution No. 2006-094: Lake Elmo Bank 95th Anniversary
4. CONSENT AGENDA:
/'
A. Resolution No. 2006-087: Approve Claims
B. Escrow Reduction #3: Discover Crossing
C. Escrow Reduction: Farms of Lake Elmo
D. Escrow Reduction 2: Sanctuary
E. Pay Estimate for 2006 Crack Seal: L & M Services
F. Pay Estimate for 2006 Seal Coat: Allied Blacktop Ctapany
G. Pay Estimate for Water Tower: CB& I Construe'tors
H. Pay Estimate for Park: Tablyn Parklke Elmo Heights
I. Resolution No. 2006-090: Orderingssess Hear%tg for Water System
Intl
5.
A. Resolution No. 2006-088: BudgegsefiSion: Adoption of Proposed Tax Levy
anc
6.
7.
A. Parks Dept verbal)
(1) Carriage %,ation Basketball Court
(2) Announce'uLao; 4 orks Open House
(3) ,
B. Fire Dept.: Update on Dept. Activities (verbal)
(1) Recognize Explorers
(2) Recognize Two Engineer Certified Firefighters
(3) Fire Station No. 2 Upgrades
8. CITY ENGINEER'S REPORT:
A. Water Tower Paint Color (verbal)
B. 28th Street Petition for Street Improvement (verbal)
C. Northern Water Main Extension Easement Update- moved to Closed Session
D. Tablyn Park/Lake Elmo Heights Water System Update (verbal)
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2006-092: Zoning Variance -Richard and Eileen Bergman
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
1
DRAFT
B. Apostolic Church Site: (Tabled) Resolution No. 2006-093: Comp Plan
Amendment; Ordinance No. 97-178: Rezoning
C. Status of Village Plan (verbal)
D. Metropolitan Airport Commission — Lake Elmo Airport 2025 Plan
E. Xcel Fly Ash Landfill Siting: Update
F. METC Update
10. CITY ATTORNEY'S REPORT:
A. ZiertmanlSessing Update — Moved to Closed Session
11. CITY ADMINISTRATOR'S REPORT:
12: CITY COUNCIL REPORTS:
REMINDERS:
September 12, 2006: Primary Election — Polls Open 7 AM
September 13, 2006: City Council Workshop — 6 PM 8;3t1 PM
September 14, 2006: Community Open House on Grodwater ContAlunation —
OakLand Junior High School 's'
September 16, 2006: Open House at New Public Warlcs „„- 9 AM —Noon
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006