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HomeMy WebLinkAboutSeptember 5, 2006 CCPMayor: Tlake DeanJohnston Elmo City Council Council members: 3800 Laverne Avenue No. Rita Conlin Tuesday, aY9 Lake Elmo Steve DeLapp , MN 55042 Liz Johnson cyll�nmT+11,iBE 5, 200� 7775510 777-9615(faX) Anne Smith 1.7Lr 1.L1P'1 Lll J G Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes: August 15, 2006 3. PUBLIC INOIJMIES/INFORMATIONAL: A. PUBLIC INFORMATIONAL: (1) CIC Presentation on Senior Housing (2) Lake Elmo Bank 951h Anniversary; Resolution No. 2006-094 B. Public Inquiries 4. CONSENT AGENDA A. Resolution No.2006-087:Approve Claims B. Escrow Reduction 43: 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 Co. G. Pay Estimate for Water Tower; CB&I Constructors H. Pay Estimate for Park; Tablyn Park/Lake Elmo Heights I. Resolution No. 2006-090 Ordering Assessment Hearing for Water System Interconnect Phase IV Public Inquiries/Informatioual 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 die Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely Presentation. Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Lake Elmo City Council Agenda September 5, 2006 I Resolution No. 2006-091 Awarding Bid for 2006 MSA Resurfacing 5. FINANCE: A. Budget Presentation: Adoption of Proposed Tax Levy & Proposed 2007 Budget; Resolution No. 2006-088 B. Set Truth n'Taxation Hearing Dates; Resolution No. 2006-089 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept.: (1) Carriage Station Basketball Court (2) Announce Public Works Open House B. Fire Department: Update on Department Activities (1) Recognize Explorers (2) Recognize two Engineer Certified Firefighters (3) Fire Station No. 2 Upgrades 8. CITY ENGINEER'S REPORT: Tom Prew A. Water Tower Paint Color (verbal) B. 28th Street Petition for Street Improvement (verbal) C. Northern Water Main Extension Easement Update (Handout at meeting) D. Tablyn Park/Lake Elmo Heights Water System Update (verbal) 9. PLANNING LANDU& ZONING•TNo. A. Resolution 2006-092, Zoning Varia Richard & Eileen Bergman B. Apostolic Church Site —Resolution 2006-093 Comp Plan Amendment; Ordina No. 97-178 Rezoning C. Status of Village Plan (verbal) D. Metropolitan Airport Commission — Lake Elmo Airport 2025 Plan E. Update — Xcel Fly Ash Landfill Sitting 10. CITY ATTORNEY'S REPORT• A. Update on Ziertman/Sessing (verbal) 11. CITY ADMINISTRATOR'S RE, M. Rafferty Lake Elmo City Council Agenda September 5, 2006 A. Mayor Johnston 13. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith September 12, Primary Election, Polls September 13, 6 p.m.-8:30 p.m., City Council Open 7 a.m.-8 p.m. Workshop September 14, Community Open September 1G, 9 a.irre.-Noon, Open House on Groundwater House �t public Works Contamination, Oakland Jr. H.S. DRAFT CITY OF LAKE ELMO CITY COUNCIL MEETING AUGUST 15, 2006 L 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 Phase III, Riley Brothers Construction D. Resolution No. 2006-081: Partial Payment No. 1, Tab�jy 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 Malmqui# (1) Place new members on probations Paul37oxgensen, lq( Asplund ,. 8. CITY ENGINEER'S REPORT � A. Island Cul-de-Sacs in Tailvn Pq;1 9. PLANNING, LAND A. Resolution No. 2( Swanson B. Resolution Nct: 11051 Shlwate C. Resolution NO., Resolution Noy C & C North A D. Apostolic Bible Project /Lake Elmo Malmquist, and Brad Drainfield: 8320 Hidden Bay Trail, vuo-U64: CUP/Site Plan for Veterinary Clinic in GB Zone, Blvd Dr Joh"aillie and Gary T. Harty 006 085: Final Plat of Eagle Point Business Park 6`" Addition; 006 086: Shoreland Variance and Section 520 Site Plan for mean :hurch Site — (tabled) Compreh Rezoning ensive Plan Amendment & E. Zoning Ordinance Interpretation — Non -Conforming AG Accessory Building F. Ordinance No. 97-176: Lateral Water Main Connection; Ordinance No. 97-177: Lateral Water Main Connection Charges for Phases I and R 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. Sessing LAKE ELMO CITY COUNCIL MINUTES DRAFT AUGUST 15, 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, Building Official McNamara (left at 7:45 pm), Fire Chief Malmquist, (left at 7:30 p.m.) TKDA Engineer Stempski, City Attorney Filla, and Recording Secretary Freeman. Pledge of Allegiance 1. AGENDA: Additions: I IA. Tank Industries and Water Tower — verbal update; I IB Old Village Plans — verbal update; move 7B to 3B (Fire Dept. Update) M/S/P Johnson/Smith — to approve the August 15, 2006, City Council Agenda as amended. (Motion passed 5-0) 2. MINUTES: M/S/P Johnson/Smith — to approve the August 2, 2006 tarty Council minutes as amended. (Motion passed 3-0:2 Abstained Johnson and Colin -did not attend meeting) a 3. PUBLIC INOUIRIES/INFORMA mTnrrn r e 0 A. Pubhc Informational: None B. Public Inouiries " David Frosch, 2935 Jonquil Trail, said he is a Lake Elmo,home builder and is requesting clarification of the Sign Ordinar�pe regarding dff site real estate signs. He reported that he had been issued a permit forleveral `Pemporery, off -site signs in the past, but was recently advised by City Sta�hat they would no longer issue any permits for off -site signage based on other sechonSoi the Sign Ordinance. He said that he has seen many off -site real estate signs tlarpughout the City. The Council directed Staff to review Mr. Frosch's concerns and reporrbn off sttesignage to the September 13, 2006, Council Workshop. Nicole Park, 404 Lake Elmo Avenue, introduced herself and announced she would be running for City Council ;hler'goals for the City are to make Lake Elmo more of a destination, and to help establish a Family Center. Susan Dunn, 11018 Upper 33`d Street, reminded the audience about the Budget meeting; the Water Contamination Meeting at Oakland Junior High School on September 14, 2006, at 6:00 p.m.; an update is needed on the new water tower being out -of -round and long-term stability; requested information regarding the painting of the older water tower. 4. CONSENT AGENDA: A. Resolution No. 2006-079: M/S/P Smith/Johnson — to adopt Resolution No. 2006-079 approving Claim Number 341, 342, DD385 through DD847, 29494 through 29504, were used for Staff Payroll dated August 3, 2006; 29505 through 29559, in the total amount of $917,087.81 are hereby approved. (Motion passed 5-0) LAKE ELMO CITY COUNCIL MINUTES DRAFT AUGUST 15, 2006 2 DRAFT B. Monthly Operating Report: Mayor Johnston requested clarification of the Fiscal Disparities line item in the Report and the 2006 Comprehensive Plan Old Village design costs line item in the Report. Finance Director Bouthilet said Fiscal Disparities are a Metro commercial tax capacity redistribution law, where commercial tax capacity (and, therefore, ad valorem tax revenues) is by legislatively mandated formula moved into a Metro "Pool" from cities with large commercial tax capacity increases, and redistributed from the pool to other Metro cities with little or zero commercial tax capacity increase. Lake Elmo gains a little annual revenue from the Fiscal Disparities Pool annually, which is reflected in the line item noted by Mayor Johnston. Finance Director Bouthilet advised that the Village Area Planner expenditures need to be recoded out of the Planning Department budget and into the Village Area Planning Fund. M/S/P Johnson/Conlin— to accept the July 2006 Monthly (Motion passed 5-0) C. Resolution No. 2006-080: Partial Pa n Phase HI. Riley Brothers Construction, M/S/P Smith/Johnson— to adopt Resolution No. No. 5, Water Interconnect Project Phase III, to l amount of $178, 642.75. (Motion passed 5-0) D. Resolution No. 20QLM Water Main Park Construction: M/S/P Smith/Johnson — to adopt No. 1, Tablyn Park/Lake Elmo of $627,532.95. (Motion paced horizing Partial Payment Construction, in the 6-81, authorizing Partial Payment to Park Construction, in the amount E. Resolution No,,2006-082: °Avard Bid for 2006 Overlays: M/S/P Smith/Johnsoii to adqpt Resolution No. 2006-082, awarding bid to Valley Paving, Inc., in th ' amount of $208,318'.00. (Motion passed 5-0) 5. FINANCE None 6. NEW BUSINESS: 7. MAINTENANCE/PARIMRE/BUILDING: A. Buildine Dent Update• Jim McNamara Building Official McNamara reported that new residential starts were slow. He reminded the audience that heating systems should be checked and repaired prior to winter. Wood burning fireplaces and chimneys should also be inspected and cleaned if necessary. 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. Please remember that new members are always welcome and needed LAKE ELMO CITY COUNCIL MINUTES DRAFT AUGUST 15, 2006 DRAFT 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 Tablyn Park TKDA Engineer Stempski informed Council that a survey was conducted with the residents on 27th Street North (three) and 27 h 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`h 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" Qri one side only. One lot on the 27` Street North cul-de-sac was currently vacant, and O'Al econd,lot was not in favor of the landscaped center island. Council and Staff discussed various options of lon.niaintenahce vegetation, the paving of curb and gutter, and the alternative of a rain earden annfimt;nn M/S/P Conlin/DeLapp — to direct Staff to prepare plans for the cul-de-sac at 271h Street North, and work with the three residents on Curb anal v�egetafon design. (Motion passed 5-0) 9. PLANNING, LAND USE LiONING• A. Resolution No. 2006f$3: Variance lor Se' tic Drainfield: 8320 Hidden Ba Trail, Swanson• 14Lh The City Planner reported'that the Planning Comnussion recommended approval of the variance from drapn field setback standards. The applicant seeks a variance from drainfield setbacstandards to the property line (3 feet where 10 feet is required) and an existing detached garage (3 feet where 20 feet is required). The variance 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) B. Resolution No. 2006-084: CUP/Site Plan for VeterinaKy 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 LAKE ELMO CITY COUNCIL MINUTES DRAFT AUGUST 15, 2006 El DRAFT abandoned those applicants. He reported that the Planning Commission recommends approval 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 Planning Staff Report. (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 American: 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. He also reported that the Planning Commission n platting of Eagle Point Business Park Outiot C as Addition. M/S/P DeLapp/Smith — to adopt Result Eagle Point Business Park 61h Addition. M/S/P DeLapp/Smith — to adopt Site Plan for C & C North Amer. Business Park, with the additions District Performance Stanrtarik x, D. Apostolic Bible=O M/S/P Smith/Conlin— to September 5, 204 ,Cour prepared to make a stater (Motion passed 5-0) ippr6val,of the final 1, Eagle Eoint Business 6th approving the Final Plat of rvo. /.UUO-UsW approving the Section 520 'eland variance on Oudot C, Eagle Point as follows: Comply with the Business Park to ex6rior surfaces. (Motion passed 5-0) at the request of the property owner until which time the Apostolic Bible Church will be E. Zoning Ordinance Interpretation — Non -Conforming AG Accessory Building 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. 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.B.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) LAKE ELMO CITY COUNCIL MINUTES DRAFT AUGUST 15, 2006 DRAFT 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 11: The City Planner explained the differences between trunk water charges and lateral water charges. The City Planner that the existing Code is confusing and inaccurate. 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 II. 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, eablrshing lateral charges for City Water Interconnect Projects I and if. (Motion passed 0) 10. CITY ATTORNEY'S REPORT: None 11. CITY AT)WlVYQTn A rr"",n x A. Tank Industries and Water I The City Administrator reported to and it being structurally sound. Th Special ring had been designed to c been approved by TKDA. The=wor maintenance after the tank ig,,%jull independent contractor. B. Old Vill: The City Planner for Friday, Augu Area Plans at the �• x � bwwi, or me proposed repair of the shaft Adt�nistrator and Engineer confirmed that a the otr, bf-round issue, and the repair work has ,carry total of a 10-year warranty, with 5 years ity A117nspections will be completed by an rat a meeting with the Planning Team was scheduled report to Council about the status of the Village Council meeting. 12. CITY COUNCIL BUSINESS AND REPORTS: A. Mayor Johnston continues to work on AMM committees and communitycation development. St. Croix Regional Family Center survey conducted and the lowill 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 LAKE ELMO CITY COUNCIL MINUTES DRAFT AUGUST 15, 2006 DRAFT 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 CLOSET; Resolutio Resolutio Riley Bro Resolutio. Main, Par Resolutioj Resolutioi Hidden & Resolutioi Stillwater Resolutior Resolutior Ordinance Ordinance LAKE ELMO CITY COUNCIL MINUTES DRAFT AUGUST 15, 2006 ct Phase III, Heights Water g, Inc. at 8320 1051 k 6t' Addition th America ✓lain Charges APPROVED AS AMENDED AUGUST 15, 2006 CITY OF LAKE ELMO CITY COUNCIL MEETING AUGUST 2, 2006 1. AGENDA 2. MINUTES: July 18, 2006 3. PUBLIC INQUIRIESANFORMATIONAL: A. PUBLIC INFORMATIONAL: B. PUBLIC INQUIRIES: (1) EBI Drilling and Parks Construction — Directional Boring Extra Costs 4. CONSENT AGENDA: A. Approving Claims: Resolution No. 2006-073 B. Request from Meehan Family for an Extension of Time to Record Final Plat C. Election Judges for Primary and General Election: Resolution No. 2006-074 D. Roadside Landscaping Partnership Program: Resolution No. 2006-075 E. 2006 MSA Resurfacing: Approve Plans and Specs and Authorize for Bids: Resolution No. 2006-78 5. FINANCE: A. Budget. Schedule 6. NEW BUSINESS: None 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept.: (1) Parks Plan Consultant Selection: Resolution No. 2006-077 8. CITY ENGINEER'S REPORT: A. Easement for Northern Watermain 9. PLANNING, LAND USE & ZONING: A. Garage Forward of Principal Structure, 5487 Jamaca Avenue: Resolution No. 2006-076 B. C & C North American — Site Plan: Resolution and Shoreland Variance: Resolution (Removed) and Replaced with Hovanian Homes discussion 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: A. Acting Mayor Smith B. Council Member DeLapp C. Council Member Johnson REMINDER: CIC Meeting on August 9, 2006, at 7:00 pm LAKE ELMO CITY COUNCIL MINUTES AUGUST 2, 2006 APPROVED AS AMENDED AUGUST 15, 2006 Acting Mayor Smith called the Council meeting to order at 7:00 p.m. in the Council Chambers. COUNCIL MEMBERS PRESENT: Johnson and DeLapp. STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud, Finance Director Bouthilet, City Engineer Prew, City Attorney Filla, and Recording Secretary Freeman. Pledge of Allegiance 1. AGENDA: Additions: 3(C) Size of Accessory Building in AG Zone; Replace 9B with Hovanian Homes; Removals: Item 9B: return to the August 15, 2006, City Council meeting. NVS/P DeLapp/Johnson — to approve the August 2, 2006, City Council Agenda. (Motion passed 3-0) 2. MINUTES: M/S/P Johnson/Smith — to approve the July 18, 2006, City Council minutes. (Motion passed 2-0:1 DeLapp Abstained, did not attend meeting) 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Informational: te Crum introduced himself to the Council. Washington County Sheriff Candidate Pe Leslie Zell, 8920 27`h Street, had the following questions regarding the water project: 1) Who is inspecting? 2) Why are they starting so quickly? 3) Communication? 4) Road closures to residents - road is impassable, causing damage to vehicles? 6) Will the ro aad be fixed and maintained? 7) Are any new wells being drilled? 8) Will wells be capped? Why was equipment brought in so late at night? 9) How many times will the road be dug up? 10) Conflict of interest in the bidding procedure? The City Engineer and City Administrator addressed his concerns. David Dehiner and Barbara Lund, 8860 27`h St. Ct. N., stated that communication to the residents regarding the Tablyn Park water and street projects was extremely poor. They expressed concern with notification to the residents, inability to drive to their homes, and equipment being utilized that is causing damage to their home. Warren Buck, 8905 27`h St., questioned the Minnesota Department of Health testing of his well. He reported that even though he believes his well was not tested, MDH sent him test results that showed contamination of the well. He asked the Council to have a water test made downstream from his personal carbon filter. He stated that if his water is found to be clean of chemicals, he desired to retain his well. The City Administrator Rafferty stated that he would follow up regarding better communications to the residents, and clarification of the well tests results. LAKE ELMO CITY COUNCIL MINUTES AUGUST 2, 2006 2 APPROVED AS AMENDED AUGUST 15, 2006 Kregg and Paula Hurt, 5751 Hytrail Ave., asked for a time frame regarding their septic Permit approval. City Engineer Prew stated the remaining tests had been received and a meeting would be scheduled for next week. B. Public Inquiries: (1) EBI Drilling & Parks Construction -Directional Boring Extra Costs: Marc Allen, Project Manager for Park Conshuction addressed the Council apologizing for any inconvenience caused to Tablyn Park residents. He reminded the Council that this project entails about 30,000 feet of water pipe installation as well as roadway mill and overlay together with installing water services to about 80 homes in Tablyn Park. Terry Anderson, Vice President of EBI Drilling, advised the Council that his firm is of the opinion that the Tablyn Park construction contract allowed the deposit of water line boring materials at the Heights Park stockpile area. He stated that the City's order to not use the Heights Park site for boring materials was in violation of the contract and that EBI Drilling would be filing a claim for additional payment reflecting the extra costs EBI was incurring for transport of the boring materials to another location for disposal. Attorney Filla advised the Council that there is a process in the construction contract that addresses claims such as those made by EBI Drilling. It would be in the best interests of the City to address this matter using that process rather than direct City Council intervention as Mr. Anderson appears to request. It was the consensus of the Council to direct Staff to pursue the claims of EBI Drilling through the contract dispute resolution process. (2) AG Interpretation: George Dimmick, 8465 Demontreville Trail, requested the Council remove the Non- conforming AG zoning accessory building size interpretation from the table since he understood that the City Planner and City Attorney now do not think this matter relates to any ongoing litigation. The City Attorney and City Planner indicated their concurrence with Mr. Dimmick's statement. M/S/P Johnson/DeLapp — directed Staff to place the Non -Conforming AG accessory building interpretation on the August 15, 2006, Council Agenda. (Motion passed 3-0) 4. CONSENT AGENDA: A. Resolution No. 2006-073• Approving Claims: M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-073 approving Claims Numbers 338, 339, DD822 through DD834, 29439 through 29454, were used for Staff Payroll dated July 20, 2006; claims 340, 29455 through 29493, in the total amount of $406,796.16. (Motion passed 3-0) B. Request from Meehan Family for anExtension of Time to Record Final Plat LAKE ELMO CITY COUNCIL MINUTES AUGUST 2, 2006 APPROVED AS AMENDED AUGUST 15, 2006 Staff reported that Torre Pines was given preliminary plat approval July 1998 and final plat approval for all but four lots in September 1998. The City was informed at that time that Mr. Meehan would continue to live in the existing home on the unplatted 10 acres and that the final plat for these four lots would not be done until some time in the future. The Meehan's are requesting another one-year extension. City Code allows for this extension, but requires Council approval on a yearly basis, as has been done every year since 1999. M/S/P DeLapp/Johnson — to grant the Meehan's a one-year extension of the Final Plat of Torre Pines, specifically the parcel now shown as Lot 15. (Motion passed 3-0) C. Resolution No 2006 074• Election Judges for Primary and General Election: M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-074, appointing Electron Judges for the September 12, 2006, Primary Election the November 7, 2006, General Election. (Motion passed 3-0) D. Resolution No 2006 075• Roadside Landscape Partnership Program: M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-075, authorizing Application and Primary Contact Person for MNDot Community Roadside Landscaping Partnership Program. (Motion passed 3-0) E. Street : M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-078, approving Plans and Specifications and Ordering Advertisement for Bids 2006 MSA Resurfacing - 451h Street, Julep Avenue and 47"' Street. (Motion passed 3-0) 5. FINANCE: A. Budget Schedule: Finance Director Bouthilet provided Council with the 2007 Budget Calendar. Staff has been meeting weekly and the budget will be discussed at the August 8, 2006, Council Workshop. 6. NEW BUSINESS: None 7, MAINTENANCE/PARI{/FIRE/BUILDING: A. Parks Dept.: (1) Resolution No. 2006-077: Parks Plan Consultant Selection: The City Planner reported that the Park Commission and Council interviewed three consulting firms at the July 17, 2006, Park Commission meeting. At a Special Parks Commission meeting on July 25, 2006, the Commission adopted a recommendation to the City Council that the firm TICDA be contracted to complete the update of the 1990 Park System Plan. LAKE ELMO CITY COUNCIL MINUTES AUGUST 2, 2006 4 APPROVED AS AMENDED AUGUST 15, 2006 M/S/P Johnson/Smith — to adopt Resolution No. 2006-077, approving the selection of TKDA as consultant for the Park System Plan Update, and authorizing the Mayor and City Administrator to enter into a contract for services. (Motion passed 2-1: DeLapp believes the City has enough information on hand and people to evaluate this information to complete a Park Plan update without hiring a consultant. The City doesn't need to spend more money on the completion of the 1990 Park System Plan. Park usage/assets need to be clearly defined, and future needs anticipated which can be accomplished without consultant assistance and expense.) 8. CITY ENGINEER'S REPORT: A. Easement for Northern Watermain• City Engineer Prew informed Council that 2 appraisals have been received for the two easements required from the Bergman's. He requested Council approval to schedule a meeting to present offers to the property owners based on the appraisals. M/S/P Johnson/DeLapp — to direct Staff to negotiate for the Northern Watermain Easements with the Bergman's in accordance with the appraisal. (Motion passed 3-0) 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2006-076: Garage Forward of Principal Structure 5487 Jamaca Avenue (Landsem): The City Planner reported that the property owner at 5487 Jamaca Blvd had applied for a building permit to convert an existing 2-car garage to living area, and construct a detached 3-garage nearer the front lot line than the principal structure, M/S/P DeLapp/Johnson — to adopt Resolution No. 2006-076, approving location of a detached garage structure nearer the front lot line than the principal structure at 5487 Jamaca Avenue per plans Staff dated July 27, 2006. (Motion passed 3-0) B. C& C North America: Resolution No. 2006-077 — Site Plan• Resolution No. 2006-078 — Shoreland Variance: (Removed) The City Planner informed the Council that C & C North America had requested that the Section 520 Site Plan and Shoreland Variance requests be withdrawn until the August 15, 2006, Council meeting. B. Hovnanian Homes: Council Member DeLapp stated that he believes that Hovnanian Homes received the wrong message following their presentation of a proposed project at a recent Council Workshop. Hovnanian apparently understood from that unofficial meeting that the Comp. Plan amendment to accelerate sewer staging to accommodate their project would be approved by the Council if certain plan modifications were made. He reported that Hovnanian has since met twice with neighbors to the site on which the Hovnanian proposes the project where more modifications were suggested. He stated that when Council Members and site neighbors suggest plan modifications, a developer assumes the project will be approved by the City and concurred in by neighbors if that modification is made. He observed that Hovnanian has not applied for any City approvals, and he LAKE ELMO CITY COUNCIL MINUTES AUGUST 2, 2006 5 APPROVED AS AMENDED AUGUST 15, 2006 Ii objects to the proposed project being addressed outside of any formal City review Pprocess. , The City Planner reported that Staff has not been contacted by the builder since the neighborhood meetings. 10. CITY ATTORNEYS REPORT: None 11. CITY ADMINISTRATOR'S REPORT: None 12. CITY COUNCIL REPORTS: A. Acting Mayor Smith thanked the Fire Dept. and Washington County Sheriff's Office for participating in their Neighborhood Night Out last Saturday. B. Council Member DeLapp reminded everyone why they got placed on the agenda, be aware of events, meetings and decisions being made. C. Council Member Johnson stated she had attended the Green Acres National Night Out, and everyone received some great pointers and safety tips. REMINDER: Council Workshop on August 8, 2006, at 6:00 pm CIC Meeting on August 9, 2006, at 7:00 pm Meeting adjourned at 8:40 p.m. Resolution No. 2006-073: Approved Claims Resolution No. 2006-074: Approved Election Judges for Primary and General Elections Resolution No. 2006-075: Approved Roadside Landscaping Partnership Program Resolution No. 2006-076: Approved Garage Forward of Principal Structure — 5487 Jamaca Avenue (Landsem) Resolution No. 2006-077: Approved Selection of TYDA as Parks Plan Consultant Resolution No. 2006-078: 2006 MSA Resurfacing: Approve Plans and Specs and Authorize for Bids LAKE ELMO CITY COUNCIL MINUTES AUGUST 2, 2006 .3AW CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-094 A RESOLUTION CONGRATULATING LAKE ELMO BANK ON ITS 951h ANNIVERSARY WHEREAS, the Lake Elmo Bank has continuously served the business and resident financial needs in the East Metro Area since 1911; and, WHEREAS, the Lake Elmo Bank has been, and continues to be, an outstanding corporate citizen of Lake Elmo. NOW THEREFORE BE IT RESOLVED by the Lake Elmo City Council that it should and hereby does congratulate the owners and employees of the Lake Elmo Bank - on 95 years of service to the community. ADOPTED by the Lake Elmo City Council this 51h day of September, 2006. Dean A. Johnston, Mayor ATTEST: Martin A. Rafferty, City Administrator H a O O 4co — <' N 'E U m � O � •� .� CC5 O L E 75 cn Co 0 M. C: :E o 43 0 o V) 0 .E ®� o -4 4-4 a � '� U U) ry 0 U YA. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-087 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 343, 344, DD848 through DD870, 29560 through 28587, were used for Staff Payroll dated August 17th, 2006; Claim Numbers 345, 346, DD871 through DD874, 29588 through 29598, were used for Staff Payroll dated August 31 st, 2006; claims 347, 29599 through 29653, in the total amount of $991,968.60 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 51h day of August, 2006, Dean A. 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F�MNMMF+MU q7, �aa fn N V OG w O 6 �6 p w 7 vbi r h� M aho W� Vri oM0 O q aNi q r' 'Orn ° o, b�M h rOvir er v�Ornrn >Q >p �o �r a�iYSYd...nY,�ny',hy.oe�o�o�o N Gr N ro a CITY OF LAKE ELMO 2006 BILLING SUMMARY MONTH 11135 Administration 11140 Criminal Pros 11145 Public im . Pro 11150 Communi Dev 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 $4,674.62 $672.96 $616.00 $1,997.00 $6.00 $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. 22 July $1,983.96 $4,043.37 $1,616.00 $275.64 $2,549.50 $262.50 $10,730.97 Aug $0,00 Sept $0.00 Oct $0.00 Nov $0.00 Dec $0.00 Totals $12,636.69 $27,586.85 $9,052.99 $2,625.40 $11,836.43 $1,695.50 $65,433.86 8/14/2006 Suite 300 P RE 7��6_JVl 7Y� ,I 7� 50 East Fifth Street 1 1Y M BLRG� St. Paul, MN 55101-I I97 11 11 iiilll 9 0 p g CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 FEES 11135-920001 Administration EXPENSES 3.96 (651) 291.8955 (651) 228-1753 facsimlle Federal Tax ID #41.0991098 Page; 1 07/31/2006 ACCOUNT NO. 11135M ADVANCES BALANCE 0.00 $1,983.96 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 MONTWS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fihh Street 1=ER ' (651) 19I-f3955 Paul, MN 55101-1197 7F=q��Lp� IA Mr T A L-11 �( llvl11 L/5111\VI similei (65I) ax ID 53 facsimileSt. Federal T 28-175 1.09 1098 Page: 1 CITY OF LAKE ELMO 07/31/2006 3800 Laverne Avenue North - ACCOUNT NO. 11140M Lake Elmo MN 55042 FEES EXPENSES ADVANCES BALANCE 11140-030001 Misc Prosecutions 2,670.00 17.12 0.00 $2,687.12 11140-030202 Emery, Michael P. DAS, possess drug para 48.75 0.00 0.00 $48.75 11140-040015 Garibay, Marcella DAR 45.00 0.00 0.00 $45.00 11140-050133 Rassmussen, Lana Marie DAS, no insurance 45.00 0.00 0.00 $45.00 11140-050141 Lee, Dasvis terroristic threats 71.25 0.00 0.00 -$71.25 11140-050155 Friedrich, Donald P. no seat belt, no insurance 45.00 0.00 0.00 $45.00 11140-050243 Podgorski, Scott F. fail to maintain improvements 22.50 0.00 0.00 $22.50 11140-060029 2awieruszyski, Agnieszka DAS, no front license plate 105.00 O.DO 0.00 $105.00 THIS STATEMENT IS DUE 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. Suite 300 7j''"'�, 50 East Fifth Street "RT-�'1--/----t-L--.n..-.'n.-._ (651) 291.8955 St. Paul, MN 5510I-I I97 FRAM B 1d1 el\ Ll IOT (65t)ax ID 4Facsimile iJLfl\Vil V iL 11 V Federal Tax ID ik41.09 simile 0 f ® 6 CITY OF LAKE ELMO 07Page: 2 /31/2006 ACCOUNT NO. 11140M FEES EXPENSES ADVANCES BALANCE 11140-060040 Stevens, Michael L. 3rd degree DUI, DAC 48.75 0.00 0.00 $48.75 1114C-060042 Ohs, Phillip Clayton 3rd degree DUI 48.75 0.00 0.00 $48.75 11140-060065 Martinez, William J. 4th degree DUI, 4th degree .08 45.00 0.00 0.00 $45.00 11140-060069 Combs, Robert Wayne no proof of insurance 48.75 0.00 0.00 $48.75 11140-060111 Kluck,-Matthew John PAS 48.75 0.00 0.00 $48.75. 11140-060119 Hoggarth, Todd Richard GM -test refusal, 3rd degree DUI 22.50 0.00 0.00 $22.50 11140-060122 Cuevas, Raul J. 4th degree DUI .48.75 0.00 0.00 $48.75 11140-060124 Nolan, Jolene Anne 4th degree DUI, speed 48.75 0.00 0.00 $48.75 11140-060131 Kelly, Bryan Paul DAS, poss drug para, mj in my 48.75 0.00 0.00 $48.75 THIS STATEMENT IS DUE AND PAYABLE 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 ,E N, (651) 291.8955 50 Cast Fifth Street y-�p y n w e BER^,, g A r, , St. Paul, MN 55101-I 197 1FI ll`[L�211\V/Il f`.1-1\V/111(j111'{,VI (651) 228-1753 facsimile Federal Tax ID #41-0991098 e o ® e Page: 3 CITY OF LAKE ELMO 07/31/2006 ACCOUNT NO. 11140M FEES EXPENSES ADVANCES BALANCE 11140-060132 Miranda, Rudolph M. DAS, no insurance 45.00 0.00 0.00 $45.00 11140-060133 Boss, Nicole Grace no insurance 45.00 0.00 0.00 $45.00 11140-060134 Carlson, Michael P. fail to apply for DOT # 45.00 0.00 0.00 $45.00 11140-060135 Kammerer, David D. 3rd degree DUI, 3rd degree .08 60.00 0.00 0.00 $60.00 11140-060136 Thorsheim, Laurie no proof of insurance 5.00 0.00 0.00 $5.00 11140-060140 Degidio, Donald Nickolas assault 5.00 0.00 0.00 $5.00 11140-060141 Ardion, Ulyn 4th degree DUI 50.00 0.00 0.00 $50.00 11140-060145 Flascher, Tracy Lynn 4th degree DUI, 4th degree .08, expired DL 35.00 0.00 0.00 $35.00 11140-060146 Brine, Carla Ann 4th degree DUI 42.50 0.00 0.00 $42.50 THIS STATEMENT IS DOE AND PAYABLE 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 S N (651)291-8955 50 East Fifth Street 50 Paul, MN StreetI I97 �,..� �„ 9 a BMG 111(L\111\V/il f651) 228-1753 facsimile Federal Tax [D p41A991098 -0991098 Page: 4 CITY OF LAKE ELMO 07/31/2006 ACCOUNT NO, 11140M FEES EXPENSES ADVANCES BALANCE 11140-060147 Olson, Robert Michael DAC, escape MV tax 10.00 0.00 0.00 $10.00 11140-060149 Morreale, Jay Benjamin 3rd degree DUI 60.00 0.00 0.00 $60.00 11140-060150 Huber, Ryan 911 interference 60.00 0.00 0.00 $60.00 11140-060151 Olson, Jordan Scott 2nd degree test refusal, 2nd degree DUI 97.50 0.00 0.00 $97.50 11140-060155 Bentley, Clinton John 4th degree DUI, 4th degree .08 5.00 0.00 0.00 $5.00 4,026.25 17.12 0.00 $4,043.37 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL DE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 AI �A T' 0 E 5'.S 1;0;�N, , Al$o 0'C I AT-1 0 N' CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 FEES 11145-040003 WATER SYSTEMS CONNECTION 884.00 11.145-050001 PUBLIC WORKS BUILDING 44.00 EXPENSES 1 11 11145-050002 CENTRAL WATER TOWER 390.50 0.00 11145-060001 TABYLN PARK —LE HEIGHTS WATER CONNECTION 297.50 0.00 1,616.00 0.00 (651) 291.8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 07/31/2006 ACCOUNT NO. 11145M ADVANCES BALANCE 0.00 $884.00 0.00 $44.00 0.00 $390.50 0.00 $297.50 0.00 $1, 6 66.00 THIS STATEMENT IS DUE AND PAYABLE 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. 9,.4 00 y{peg __ ? K__�_� 1651)291.8955 50 East Fifth Street (651) 228-1753 facsimile St. Paul, MN 55101.1197 FRW BERGMAN Federal Tax ID N41.0991098 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 ACCOUNT NO FEES EXPENSES ADVANCES 11150-060003 HIDDEN MEADOWS - PRELIMINARY PLAT 165.00 0.00 0.00 11150-060006 R.J. RYAN CONSTRUCTION SITE PLAN OFFICE -SHOWROOM 33.00 0.00 0.00 11150-990006 Carriage Homes Development 77.00 0.64 0.00 275.00 0.64 0.00 Page: 1 07/31/2006 11150M BALANCE $165.00 $33.00 $77.64 $275.64 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 P E291-8955 50 East Fifth Street l_� _T+y� (651) facsimile St. Paul, MN 55101-1197 l i �H G Federal Tax ID 53 facsimile l.dt a Federal Tax ID 041-0991098 1 e e CITY OF LAKE ELMO 3B00 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 FEES 11155-040002 Lake Elmo v. Sessing 2,149.50 EXPENSES Page: 1 07/31/2006 ACCOUNT NO. 11155M ADVANCES BALANCE 400.00 $2,549.50 THIS STATEMENT 66 6819E 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 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 FEES 11161-050007 Skoglund, Jon Michael vehicle forfeiture 40.50 11161-060003 Olson, Michael John vehicle forfeiture 119.50 11161-060006 Boggess, Mark Allen vehicle forfeiture 82.50 11161-0-60007 Olson, Jordan Scott vehicle forfeiture 10.00 252.50 (651) 291.8955 (651) 228.1753 facsimile Federal Tax ID #41-0991098 Page: 1 07/31/2006 ACCOUNT NO, 11161M EXPENSES ADVANCES BALANCE 0.0D 0.00 $40.50 0.00 10.00 $129.50 0.00 0.00 $82.50 0.00 0.00 $10.00 0.00 10.00 $262.50 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECE9dED AFTER THE LAST DAY OF THE MONTH V"LL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT, TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Chuck Dillerud Copies To: Todd Erickson, P. E. From: Thomas D. Prew, P.E. Date: August 29, 2006 1500 Piper Jaffray Plaza . _�- 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651) 292-0083 Fax www.tkda.com Reference: Escrow Reduction #3 Discover Crossing City of Lake Elmo, Minnesota Project No. 13267.000 Routing: The developer is nearing completion of this project. Remaining work is the landscaping, final lift of paving, and some clean-up. 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 $310,000.00 $10,000.00 Sanitary Sewer $96,200.00 $5,000.00 Drainfield $250,000.00 $20,000.00 Watermain $318,000.00 $5,000.00 Streets $165,860.00 $32,000.00 Street Signs $1,000.00 $1,000.00 Landscaping $308,000.00 $50,000.00 Subtotal 125% Security $1,449,060.00 $123,000.00 $1,811,325.00 $153,750.00 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651) 292-0083 Fax www.tkda.com To: Chuck Dillerud Reference: Escrow Reduction Copies To: Tim Freeman Farms of Lake Elmo City of Lake Elmo, Minnesota Comm. No. 13267.000 From: Thomas D. Prew, P.E. Routing: Date: August 29, 2006 The street all have the first lift of bituminous on them. The sewer and watermain have been installed and tested. The site has been seeded, the trails are complete, and the septic system is installed. I would recommend that escrow be required as listed below: Item Remaining Cost Site Grading/ Turf Establishment $0.00 Sanitary Sewer $5,000.00 Septic System $20,000.00 Watermain $5,000.00 Storm Sewer $5,000.00 Streets $65,000.00 Trails $2,000.00 Landscaping $5,000.00 Street Signs $0.00 Subtotal 125% Security $107,000.00 $133,750.00 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Chuck Dillerud Copies To: Todd Erickson, P. E. From: Thomas D. Prew, P.E. Date: August 29, 2006 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Reference: Escrow Reduction #2 Sanctuary City of Lake Elmo, Minnesota Project No. 13267.000 Routing: Most of the paving, utilities, and site restoration is complete. The drainfield has not yet been started. Brown's Creek Watershed District holds the letter of credit on the grading portion of this project. I would recommend that escrow be reduced to the amounts listed below: Item Original Amount Work Remaining Site Grading/ Turf Establishment $0.00 $0.00 Storm Sewer $285,209.00 $5,000.00 Sanitary Sewer $132,468.00 $5,000.00 Drainfield $775,000.00 $700,000.00 Watermain $510,339.00 $5,000.00 Streets $488,948.00 $5,000.00 Street Signs $1,000.00 $1,000.00 Landscaping $110,000.00 $110,000.00 Subtotal 125% Security $2,302,964.00 $831,000.00 $2,878,705.00 $1,038,750.00 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651) 292.0083 fax www.tkda.com Proj. No. 13593.000 Cert. No. I (F) St. Paul, MN, August 28 , 20 06 To City of Lake Elmo Minnesota Owner This Certifies that L & M Services , Contractor For 2006 Crack Seal Is entitled to Twenty -Seven Thousand Three Hundred Dollars and 00/100 ($_ 27,300.00) FINAL being 1st estimate for paF44 payment on contract with you dated June 6, 06 Received payment in full of above Certificate. L & M Services TKDA 20 Thomas D. Prew, P.E. REUAPI'MLATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 21,000.00 All previous payments $ - All previous credits Eadra No. Credit No. $ _ Comp. Change Order No. 1 $ 6,300.00 AMOUNT OF THIS CERTIFICATE $ 2HOO.0 Totals $ 27,300.00 $=27,300.00 $ _ Credit Balance $There will remain unpaidon contract after payment ofthis Certificate27,300.00 $$ _ An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA Engineers -Architects -Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS FINAL Estimate No. 1 Period Ending August 28 , 20 06 Page I of 1 Proj. No. 13593.000 Contractor L & M Services Original Contract Amount $21 000 Project 2006 Crack Seal Location City of Lake Elmo, Minnesota Total Contract Work Completed $ 27,300.00 Total Approved Credits $ 0.00 Total Approved Extra Work Completed $ 0.00 Approved Extra Orders Amount Completed $ 0.00 Total Amount Earned This Estimate $ 27,300.00 Less Approved Credits $ 0.00 Less 0 % Retained $ 0.00 Less Previous Payments $ 0.00 Total Deductions $ 0.00 Amount Due This Estimate $ 27,300.00 Contractor Date Date e--2 g'C,�p August 28, 2006 ESTIMATE NO. 1 (FINAL) PERIOD ENDING DATE: August 26, 2006 2006 CRACK SEAL CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO, 13593.000 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE 1 MOBILIZATION LS 1.00 1.00 $ - $ _ 2 ROUTE AND SEAL CRACKS OR SAW AND SEAL STREET LB 20,000,00 26,00000 $ 105 $ 27,30000 TOTAL ESTIMATE NO. 1 (FINAL) $ 27,300.00 CHANGE ORDER TKDA Engineers -Architects -Planners Compensating Saint Paul, MN August 28 20 06 Proj. No. 13593.000 Change Order No. 1 for City of Lake Elmo, Minnesota You are hereby directed to make the following change to your contract dated June 6 20 06 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (desfwwe) (net-ehaage) the contract sum by Six Thousand Three Hundred Dollars and 00/100........................................................................ $6 300.00 . COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization): NET CHANGE = Amount of Original Contract Additions approved to date (Nos. ) Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (Add) (Deduct) (No Change) Revised Contract Amount City of Lake Elmo, Minnesota L & M Services 6,300.00 $ 21,000.00 $ 21,000.00 $ 6,300.00 $ 27,300.00 TKDA Owner By. Thomas D. Prew, P.E. White - Owner Contractor Pink - Contractor Blue - TKDA CHANGE ORDER NO. 1 (COMPENSATING) PERIOD ENDING DATE: August 26, 2006 2006 CRACK SEAL CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO, 13593.00D ITEM CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT 1 MOBILIZATION LS 1.00 1.00 $ - $ _ $ - $ _ ROUTE AND SEAL CRACKS OR SAW AND SEAL 2 STREET LS 20,000.00 26,00000 $ 105 $ 2730000 $ 6,30000 $ 21,OOO.D0 TOTAL COMPENSATING CHANGE ORDER NO. 1 $ 27,300.00 $ 6,300.00 $ 21,000.00 TKDA ENGINEERS - ARCHITECTS It PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Proj. No. 13593.000 Cert. No. 1(F) St. Paul, MN, August 21 , 20 06 To City of Lake Elmo Minnesota Owner This Certifies that Allied Blacktop Co. Contractor For 2006 Sealcoat Is entitled to One Hundred Ten Thousand Fifty -Seven Dollars and 49/100-------------------- ----------($110,057.49) FINAL being 1st estimate for partial payment on contract with you dated June 6 2006 Received payment in full of above Certificate. Allied Blacktop Company 20 TIDA Thomas D. Prew, P.E. RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus eydras $ 112,410.00 All previous payments $ _ All previous credits Extra No. CCO 1 $ 2,352.51 Credit No. Comp. CO No. 1 $ - AMOUNT OF THIS CERTIFICATE $ 110,057.49 Totals $ 110,057.49 $ 110,057.49 $ _ Credit Balance $ - There will remain unpaid on contract after payrrent of this Certificate $ (0.00 $ 110,057.49 $ 110,057.49 $ _ An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA Engineers -Architects -Planners PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS FINAL Estimate No. 1 Period Ending August 15 , 20 06 Page I of I Proj. No. 13593.000 Contractor Allied Blacktop Original Contract Amount 112 410.00 Project 2006 Seal oat Location Lake Elmo Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate $ 110,057.49 $ 0.00 $ 0.00 1 �� $ 110,057.49 Less Approved Credits $ 0.00 Less 0 % Retained $ 0.00 Less Previous Payments $ 0.00 Total Deductions $ 0.00 Amount Due This Estimate $ 110,057.49 Contractor Engineer _ Thomas D. Prer P.E. Date Date 0 ` Z I ' O (� ESTIMATE NO, I (FINAL) PERIOD ENDING: August 15 2006 2006 SEALCOAT CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 13593.000 ITEM CONTRACT QUANTITY +I. UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE DIFFERENCE PRICE TO DATE 2006 SEALCOAT 1 MOBILIZATION LS 1.0 1.0 - $ 1,500.00 $ 1,500.00 2 FA-2 1/8 TRAP ROCK SEALCOAT AGGREGATE TN 1,230.0 1184.67 (45.3) $ 47.00 $ 55,679.49 3 CRS-2 BITUMINOUS FOR SEALCOAT GAL 26,000.0 25,880.0 (120.0) $ 1.85 $ 47.878.00 4 MASK STRIPES ON 30TH STREET LS 1.0 1.0 $ 5.000.00 $ 5,000.00 TOTAL ESTIMATE NO.1 (FINAL) $ 110,057,49 CHANGE ORDER TKDA Engineers -Architects -Planners Compensating Saint Paul, MN August 21 20 06 Proj. No. 13593.000 Change Order No. 1 To Allied Blacktop Company for City of Lake Elmo, Minnesota You are hereby directed to make the following change to your contract dated June 6 20 06 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (ixerease) (decrease) (uot-change) the contract sum by Two Thousand Three Hundred Fifty -Two Dollars and 51/100 (2 352 51) ) COMPENSATING CHANGE ORDER This change order shows the actual quantifies installed at the unit price bid amounts (see attached itemization): NET CHANGE = Amount of Original Contact Additions approved to date (Nos. ) Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (Add) (Deduct) (No-Clainge) Revised Contract Amount CITY OF LAKE ELMO, MINNESOTA ALLIED BLACKTOP, CO. Owner Contractor ($2,352.51) 112,410.00 $ 112,410.00 $ (2,352.51) $ 110,057.49 TKDA Thomas D. Prew, P.E. White - Owner Pink - Contractor Blue - TKDA ESTIMATE NO, 1 (FINAL) PERIOD ENDING: August 15 2006 2006 SEALCOAT CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 13593.000 ITEM NO, DESCRIPTION CONTRACT QUANTITY +/- UNIT AMOUNT NET CONTRACT 2006 SEALCOAT UNIT QUANTITY TO DATE DIFFERENCE PRICE TO DATE CHANGE AMOUNT 1 2 MOBILIZATION FA-21/8 TRAP ROCK SEALCOAT AGGREGATE LS TN 1.0 1.0 - $ 1,500.00 $ 1,500.00 $ $ 1,500.00 3 CRS-2 BITUMINOUS FOR SEALCOAT GAL 1,230.0 1184.67 (45.3) $ 47.00 $ 55,679.49 $ (2,13051) $ 57,810.00 4 MASK STRIPES ON 30TH STREET LS 26,000.0 25.880.0 (120.0) $ 1.85 $ 47,878.00 $ (222.00) $ 48,100.00 1.0 1.0 $ 5,000.00 $ 5,000.00 $ $ 5,000.00 TOTAL ESTIMATE NO. 1 (FINAL) $ 110,057.49 $ (2,352.51) $ 112,410.00 �G. 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 Project. No. 13253.000 Cert. No. 6 St. Paul, MN, August 28 , 20 06 To City of Lake Elmo, Minnesota Owner This Certifies that CB&I Constructors. Inc , Contractor For Elevated Water Storage Tank No. 2 Is entitled to Three Hundred Sixty Six Thousand Five Hundred Thirty Seven Dollars and 07/100 ($366,537.07) being 6th estimate for partial payment on contract with you dated October 18 , 20 05 Received payment in full of above Certificate. CB&I Constructors, Inc .20 1ff:i17_1 f f i Chris . Bryan, P.E. (, RECAPITULATION OF ACCOUNT CONTRACT PAYMENTS Contract price plus e)dras 1,169,000.00 Total Contract Work Completed 920 078.50 Change Order No. I 3,275.00 Credit No. Stored Materials Total Amount Earned This Estimate 920,078.50 Less 5 % Retained (46,003.93) Escrow Deposits and Interest by Contractor Less Previous Payments (507,537.51) Total Deductions (553,541.44) AMOUNT OF THIS CERTIFICATE 366,537.07 Totals 1,172,275.00 874,074.58 There will remain unpaid on contract after payment of this Certificate 298,200.43 1,172,275.00 1,172,275.00 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity F tf. �• �, .�.-•.-f`,(1I w'^ � ; � r t p . s� �I �'� S` , L�•�, s - � � •- ! 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I� �, �' _ +x rr• - - 1,. ,-- - _> �.,_ :»s-.� � �� �� .�_ - .tom ,�. - ill rr Y. ,72�'' --�{ , iy`�• ' :: ' d� -xq -. �i .c?r't`rllg�� _.µ��'' +i+ 1 ti. aacx � �.,• r •:r. _ � n7. _;tlb CB&I Constructors, Inc. 9660 Hickman Road Correspondence Address Clive. IA 60325-6316 INVOICE PROJECT MANAGER DAB BILLER JMN CONTRACTNUMBER 37150791 CUSTOMER NO 1249422 PAYAPPLICATION 1 6 INVOICEDATE 8/21/2006 DUEDATE 1 9/20/2006 INVOICENO 1 150791-06 CUSTOMER REFERENCE NUMBERS and)or PURCHASE NUMBERS Project #13263.000 JOB LOCATION Lake Elmo PAYMENT TERMS MN NET 30 MAIL TO SOLD TO TKDA City of Lake Elmo 1600 Piper Jaffray Plaza 3800 Laverne Ave. North 444 Cedar Street Lake Elmo, MN. 56042 St. Paul, MN. 56101 Attn: Chris Bryan 750 MG CET / 114' TCL Original Contract Price $1,189,000.00 Total Contract Price $0.00$1,169,000.00 DESCRIPTION PRICE % COMPLETE AMOUNT DUE Engineering / Foundation Drawings to Approval, Bonds / Insurance $48,750.00 100% 48,750.00 Tank & Shaft Drwngs to Approval/Bldg. Permit $43,500.00 100% 43,500.00 Tank Material Delivery $160,000.00 100% 160,000.00 Tank Foundation / Piping $160,000.00 100% 160,000.00 Derrick/Access Tube Fabrication & Erection $40,000.00 100% 40,000.00 Concrete Shaft $205,000.00 100% 205,000.00 Ring Beam Fabrication & Erection / Flat Slab $105,000.00 100% 105,000.00 Tank Fabrication $85,000.00 90% 76,500.00 Tank Erection / Structural 2nd Floor Erection $180,730.00 45% 81,328.50 Tank Painting $72,000.00 0% 0.00 Tank Disinfection $1,000.00 0% 0.00 Electrical / Telemetry / Heater $45,020.00 0% 0.00 Pour 1 st & 2nd Floors / Control Bldg. $19,000.00 0% 0.00 Final Site Restoration / Access Road $4,000.00 0% 0.00 $1,169,000.00 920,078.50 Payments - Regular Mail CB&I Constructors, Inc. PO Box 406381 Atlanta, GA 30384-6381 DIRECT QUESTIONS REGARDING: INVOICE BILLING: INVOICE PAYMENT: Progress Completed To Date Less: Retention 5% Total Amount Billed To Date Less: Amount Previously Invoiced CURRENT AMOUNT DUE Carrier Delivery and/or Overninht Mail Bank of America Lockbox Services CB&I Constructors Inc. -Lockbox 406381 6000 Feldwood Road College Park, GA 30349 $920,078,50 $46,003.93 $874,074.57 $507,537.50 $366,537.07 Wire Transfer Information Bank of America ABA: 111000012 (ACH only) 026009593 (Wires only) Account Number: 3756272668 Account Name: CB&I Constructors, Inc. Joanne Nealon, AIR Administrator, Ph. 516-264-9605 email: jnealon@CBI.com Gayla Zenz, Credit Manager, Ph. 615-264-9502 email: gzenz@CBI.com w H 2ao F W O W O W a f Z cw G a O LL LLILL Q U F- W Z z O L) J fL 'Q w 0 LU K U W Z r 0 W U O p D O p O OCl) RV.. 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N D _ o a i c •c c(A 0 E L-L . p y `vp0 o ,Ca (op, m 0 m LL O1 m N C LY `06 N ro N 00 ,�4) COd 0) >0 LL �' Nm LL W LLD C��-(fJ G_ m a C C C t C O C C C C ro c a ro m ro ro O S ro ro ro ro 2 0 5 --- LII Q�--F---oUa'F�--F-h W IL LL --- — Q L_ ----...... - -- - -- — —� --- r Nmd' LLJ (D n0Q)� Nm V ---- ~ 0 N U MO QmQ0 ap Z �Z Zj a¢ av Op �w Q W Z LL m w r OF ZZpU Q lw- Z= O" U JLLO a.w Q ~ n� 0 Z ZZ w Uw O pw Q f CB&I Constructors, Inc. 9660 HICKMAN ROAD CLIVE, IOWA 50325-5316 PARTIAL WAIVER OF LIEN To: City of Lake Elmo 3800 Laverne Ave. North Lake Elmo, MN, 55042 CB&I Contract Number: 37150791 We, having been engaged by you to perform work in the construction of 750 MG CET 1114' TCL atjob location site: Lake Elmo, MN in accordance with the SIGNED AGREEMENT DATED October 24, 2005 certify that we have fully paid for all work, labor, material, and equipment furnished to date by us, or by our subcontractors, or material men. In consideration of the payment to us of $366,637.07 for the following invoice(s). Date Invoice Number Amount Aug-21-06 150791-06 $366,637.07 We hereby release to the extent of payment for said invoice(s) any and all lien, or right of lien, on account of labor and/or material furnished in the performance of our work. This partial waiver of lien is limited to the work included in said invoice(s), and this waiver does not extend to any labor and/or material furnished by us on prior or subsequent invoice(s). Executed this 21 st day of August, 2006. By; canine Nealon Ali? Administrator CB&I Constructors, Inc. Subscribed and sworn to before me this 21 st day of August, 2006. By: 32�! 2, otary Publl o ca GAYLA L. ZENZ i fF Commission Number 713888 My Commission E�Ires Dec. 3, 20 )'�f- Vfl TKDA ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul. MN 55101-2140 (651)292-4400 (651)292-0083 Fax www.tkda.com August 31, 2006 Park Construction Company 23260 Main Street Suite 6 Hampton, Minnesota 55031 Re: Tablyn Park Lake Elmo Heights Watermain City of Lake Elmo, Minnesota TKDA Project No. 13524.000 Dear Sir or Madam: Enclosed please find three copies of Partial Payment Certificate No. 2 in the amount of W)7,058.69 for the above -referenced project. Please sign all three copies where indicated and return all three copies to this office for further processing. An executed copy will be returned to you when payment is made. Sincerely, Thomas D. Prew, P.E. Project Manager TDP:cme Enclosures An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-095 A RESOLUTION APPROVING PARTIAL PAYMENT NO.2 TO PARK CONSTRUCTION COMPANY FOR TABLYN PARK/LAKE ELMO HEIGHTS WATER MAIN BE IT RESOLVED, that the Lake Elmo City Council hereby approves Partial Payment No. 2 to Park Construction Company in the amount of $537,058.69 for work improvements for the Tablyn Park/Lake Elmo Heights Water Main, verified by the City Engineer. ADOPTED by the Lake Elmo City Council the 5th day of September, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator TKDA ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jalt ray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651)292-0083 Fax www.tkda.com Proj. No. 13524.000 Cert. No. 2 St. Paul, MN, August 31 120 06 To City of Lake Elmo, Minnesota Owner This Certifies that Park Construction Co. Contractor For Tablyn Park/Lake Elmo Heights Watermain Is entitled to Five Hundred Thirty -Seven Thousand Fifty -Eight Dollars and 69/100------------------- ($537 058 69) being 2nd estimate for partial payment on contract with you dated Received payment in full of above Certificate. Park Construction Co. 120 06 Thomas D. Prow, P.E. RECAPITULATION OF ACCOUNT 2006 CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 3,143,640.78 All previous payments $ 627,532.95 All previous credits Doha No. „ „ Credit No. $ „ AMOUNT OF THIS CERTIFICATE $ 537,058.69 Totals $ 3,143,640.78 $ 1,164,591.64 $ Credit Balance $ - There will remain unpaid on contract after payment of this Certificate $ 1,979,049.14 $ 3,143,640.78 $ 3,143,640.78 $ An Employee Owned Company Promoting Affirmative Action and Equal Opportunity ESTIMATE NO. 2 PERIOD ENDING: August 25 2006 TABLYN PARK/LAKE ELMO HEIGHTS WATERMAIN CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13524,000 ITEM NO. DESCRIPTION CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE 2 Traffic Control LS 1.0 0.50 $ 4,550.98 $ 2,275.49 3 Remove concrete Curb & Gutter LF 20.0 $ - $ 14.07 $ - 4 Salvage RC Sewer Pipe LF 80.0 $ - $ 21.22 $ - Remove & Patch Bituminous Roadway 4" thick Include Gravel 5 Base SY 3666.0 $ - $ 25.07 $ - Reclaim & Stockpile Bituminous & Base (6" depth) & 6 Respread SY 17979.0 $ 17,979.00 $ 3.74 $ 67,241.46 7 Remove & Replace Bituminous Driveway 2" thick Gravel Base SY 129.0 $ - $ 46.86 $ - 8 Saw Cut Concrete (full Depth) Driveway LF 11.0 $ - $ 10.99 $ - 9 Saw Cut Bituminous (full depth) Patches and Driveways LF 5369.0 $ - $ 1.45 $ - 10 Topsoil Borrow - CY 2341.0 $ - $ 30.80 $ - 11 Aggregate Surfacing, CL 5 (6" thick) TN 1106.0 $ - $ 11.71 $ - 12 Remove & Replace Concrete Driveway 6" Thick Base BY 4.0 $ - $ 64.21 $ - 13 Install Salvaged 12" RCP, Cl. 5 Storm Sewer LF 40.0 $ - $ 42.44 $ - 14 Install Salvaged 18" RCP, CI. 5 Strom Sewer LF 20.0 $ - $ 42.44 $ - 15 Install Salvaged 24" RCP, Cl. 4 Storm Sewer LF 20.0 $ - $ 42.44 $ - 16 Connect to Existing Watermaln EA 5.0 $ 1.00 $ 1,937.66 $ 1,937.56 17 6" Gate Valve & Box EA 47.0 23.00 $ 1,081.76 $ 24,880.48 18 8" Gate Valve & Box EA 28.0 13.00 $ 1,477,29 $ 19,204.77 19 12" Butterfly Valve & Box EA 5.0 $ - $ 1,850.36 $ - 20 16" Butterfly Valve & Box EA 5.0 $ - $ 2,809,13 $ - 21 Hydrant EA 47.0 24.00 $ 3,315.91 $ 79,581.84 22 Hydrant Extension (6") EA 5.0 $ - $ 587.34 $ - 23 Hydrant Extension (12") EA 5.0 $ - $ 788.80 $ - 24 Fusable Saddle w/1 " Corporation Stop EA 79.0 $ - $ 1,835A9 $ - 25 1" Corporation Stop EA 84.0 $ - $ 413.05 $ - 26 Fusable Saddle w/1/5" Corporation Stop EA 15.0 $ - $ 1,933.36 $ - 27 1.5" Corporation Stop EA 4.0 $ - $ 501.23 $ - 28 1" Curb Stop & Box EA 163.0 $ - $ 481.85 $ - 29 1.5' Curb Stop & Box EA 19.0 $ - $ 541.66 $ - 30 6"DIP, cl.50 Watermain LF 730.0 377.00 $ 18.53 $ 6,985.81 31 8"DIP, cl.50 Watermain LF 7553.0 6925.00 $ 21.88 $ 151,519.00 32 8" HDPE Watemain-DR17 DIP Size (by directional drilling) LF 10603.0 4515.00 $ 31.16 $ 140,687.40 33 12"DIP, cl,50 Watermain LF 133.0 $ - $ 38.70 $ - 34 12" HDPE Watermaln-DR17 DIP Size (by directional drilling) LF 5117.0 $ 2,060.00 $ 48.86 $ 100,651.60 35 12" MJDIP, cl.50 Watermain (through casing pipe) LF 170.0 $ - $ 40.58 $ - 36 16"DIP, cl.50 Watermain LF 68.0 8.00 $ 52.68 $ 421.44 37 16" HDPE Watermain-DR17 DIP Size (by directional drilling) LF 5195.0 4430 $ 70.09 $ 310,498.70 38 1" Type HDPE DR11 Water Service (directional drilling) LF 14391.0 $ - $ 10.74 $ - 39 1" Type "K" Copper Water Service (open cut) LF 2438.0 $ - $ 24.74 $ - 40 1.5" Type HDPE DR11 Water Service (directional drilling) LF 5983.0 $ - $ 11.07 $ - 41 1.5" Type "K" Copper Water Service (open cut) LF 120.0 $ - $ 26.71 $ - 42 Jack/Auger 24" Stall Casing Pipe LF 150.0 $ - $ 175.70 $ - 43 DIP Watermain Fittings (C 110 Standard) LB 14354.0 3883.00 $ 7.01 $ 27,219.83 44 Remove & Replace Concrete Sidewalk 4" thick SF 73.0 $ - $ 6.87 $ - 45 Concrete Curb & Gutter (match existing) LF 20.0 $ - $ 45.51 $ - 46 Concrete Curb & Gutter D412 LF 300.0 $ - $ 19.22 $ - 47 Core Drill Basement Foundation Wail & Seal EA 181.0 $ - $ 1,024.95 $ - 48 Shrub (potted) 24" (match existing) EA 10.0 $ - $ 85.96 $ - 49 Salvage Shrub (transplant) EA 10.0 $ - $ 85.96 $ - 50 Silt Fence LF 600.0 892.00 $ 2.78 $ 2,479.76 51 Sodding, Type Lawn BY 13706.0 $ - $ 2.06 $ - 52 Common Laborer (for misc. landscape work) MAN HF 80.0 $ - $ 72.98 $ - 53 Seed & Wood Fiber Blanket AC 1.0 $ - $ 7,342.24 $ - 54 Landscape Rock (match existing) CY 50.0 $ - $ 55.62 $ - 55 Off Road Structure Marker EA 12.0 $ $ 101 A3 $ SUBTOTAL -GENERAL $ 1,020,223.14 ESTIMATE NO. 2 PERIOD ENDING: August 25 2006 TABLYN PARK/LAKE ELMO HEIGHTS WATERMAIN CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 13524,000 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE TABLYN PARK (STREET WORK) 1 Common Excavation CY 1978.0 264.0 $ 21,45 $ 5,662.80 2 Aggregate Base cl. 5 TN 1198.0 - $ 11.39 $ _ 3 Type LV-4 Bituminous Non -Wear Course Mixture TN 1862.0 - $ 52.44 $ - 4 Type LV-4 Bituminous Wear Course Mixture TN 1780.0 - $ 58.25 $ - 5 Bituminous Materal for Tack Coat GA 899.0 - $ 2.68 $ _ 6 Adjust MH Casting & Replace Casting & Rings EA 1.0 - $ 366.51 $ - 7 Repair Catch Basin, Replace Casting & Rings EA 6.0 - $ 640.36 $ - 8 Bituminous Driveway Apron (2") (new) SY 241.0 - $ 49.21 $ - 9 Remove & Replace Bituminous Driveway 2" Thick & Gravel Base SY 477.0 - $ 51.76 $ - 10 Remove & Replace Concrete Driveway 6" Thick & Base - SY 249.0 $ 70.97 $ - 11 Saw Cut Bituminous (full depth) Driveways LF 832.0 - $ 1.60 $ - 12 Saw Cut Concrete (full depth) Driveways LF 431.0 - $ 4.55 $ - 13 Saw & Seal Street (40' intervals) LF 3695.0 $ 1.44 $ SUBTOTAL - TABLYN PARK (STREET) $ 5,662.80 TOTAL ESTIMATE NO. 2 $ 1,025,885.94 MATERIAL STORED TO DATE LS 1.0 0.66 $ 300,000.00 $ 200,000.00 $ 1,226,885.94 TKDA Engineers -Architects -Planners PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 2 Period Ending August 25 120 06 Page 1 of 1 Proj. No. 13524.000 Contractor Park Construction Co. Original Contract Amount 3,143,640 78 Project Tablvn Park/Lake Elmo Heights Watermain Location Lake Elmo Minnesota Total Contract Work Completed Material Stored to Date Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate $ 0.00 $ 1,025,885.94 $ 200,000.00 $ 0.00 $ 1,225,885.94 Less Approved Credits $ 0.00 Less 5 %Retained $ 61,294.30 Less Previous Payments $ 627,532.95 Total Deductions $ 688,827.25 Amount Due This Estimate Contractor Engineer Park Construction Co. Thomas D. Prew, P.E. $ 537,058.69 Date Date August 30, 2006 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-090 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT WHEREAS, by a resolution passed by the Council, the city clerk was directed to prepare proposed assessment of the cost of the Water System Interconnect Phase IV Project. AND WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in his office for public inspection, 1. A. hearing shall be held on October 3, 2006 in the city hall at 7 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings, 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment of such property, with interest accrued to the date of payment, to the City of Lake Elmo except that no interest shall be charged if the entire assessment is pad within 30 days from the adoption of the assessment. He may at any time, thereafter pay to the City of Lake Elmo the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED by the Lake Elmo City Council this 5t' day of September, 2006. Dean A. Johnston, Mayor ATTEST: Martin A Rafferty, City Administrator '��'" y� r7_.f: �•'.i +iy;a'.Cf'��ii Ah rF F1�. ���`f1'Si% TKDA ENGINEERS • ARCHITECTS • PLANNERS August 31, 2006 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: 2006 MSA Resurfacing City of Lake Elmo, Minnesota TKDA Project No. 13687.000 Dear Mayor and City Council: 1500 Piper Jaff ray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651)292-4400 (651)292-0083 Fax www.tkda.com Bids for the referenced project were received on August 31, 2006, with the following results. A complete Tabulation of Bids is enclosed for your information. Contractor Base Bid Tower Asphalt, Inc. $236,501.45 ASTECH Corp. $267,809.60 Valley Paving, Inc. $271,216.20 Hardrives, Inc. $277,232.40 Midwest Asphalt Corp. $279,172.50 T.A. Schifsky & Sons, Inc. $298,435.60 Engineer's Estimate $293,222.00 Recommendation We recommend that you award the Contract to the lowest bidder, Tower Asphalt, Inc., for their base bid of $236,501.45. Please do not hesitate to call me with any questions or comments you may have. Sincerely, Thomas D. Prew, P.E. Project Manager TDP:cme Enclosure An Employee Owned Company Promoting Affirmative Action and Equal Opportunity O O O O O O O O O O$ O O O O O O O O O O O N O O O O O O O N ZO O N O m OO OO M U y 0 l V N 0 OO V l O O l� m OO {r� V) O N N O IU - N b VVV M Q O O0 M Z~ N O Q QHHHHHf9H HH Hf9HH HH H o0_N OO O O b O 0O O a�- 0D ' N } w § O O ~U aO Z2 HHHHmf9H HHHHHYH HH 0 Io Ci 0 0 o moNnoo 0 0 0 0 o 0 ooboNo 0 0 0 0 0 0 bg 0 0 om00000 0 0 0 0 0 0 000000 0 0 0 0 0 0 00 0 $ J 00o O W ON o ui M n p oni� N r W o O d rovi W n O ai Z -I� W oy�0 p(pNOO�M dl�.=�ri 0 O S S dvi m(O d o m m N in M f�binMm OO (J M�- O (; G O ZOO O, p M M N O M N m h M m m N m V w0O O~ Q 'f4A N O~ V Ih pN'OJ Cl ^PC6 �-� N b N U H H H H H H H H H H H A you U H H H H m } H H H H H H H H H H H» H H H H 000 YI N mWbN oa�o O OR$^- Mo O N 0On M O m Oo OOO 0 0O OulN o O LL1 F ¢ z mO ) 00- z HHHHHf9H HHHHHH HH ~ HHHHHHH mHHHHJH HH III- W `�, a o 0 00000 0 0 0$ 0 0 o N o n$ 0 0 0 0 0000Mo 0 0 0 0 0 0 o �nb000 o a o 0 0 0 0 obi 0 �n - O O OO OO OO 0. 0. OOtr� bM OH MO OO a} Om fmOO nN ON N O O yO N ZUf O7 NO -OO ~ �N m OOZF O WOOb NOON ry ti ¢ ~ a N S a HHHHHHH HHHHHH HH $ H w HHHHHHH HHHHf9H HH H a O O OOOOOpSObgO O O O O b b 0 7 7 N OO O n O N N MO M a- ONOOOO 0 Sng NO NN 402W.. MVO WO OO O O >O Oavpj P f9HHHHHH f9HHHHH HI9 HHHHHHH HHHHf9H HH 0 oOo .0 ooO 0OOO .000 00 O o obooLno0ovo O O O N aN ONHN O vNMNS`9 QFO OsOOOp NNON N q J O mV O NNVH$O �F(Qn' OB eHMOO- tO0 NHO N OO O~ VH$' mH NHO MO Q W I if$WOA fON9 HOOV HtSU HONN HOOpO(O H0O f197 HtlO)HO HO WNO HmN >¢ fOoNR frO9 HOtO HO HmOfVp fN(oOVnt.9o- HVOqOp IyO0OM�A-� HONnNo fIINO' w W a O O O O O O OOO OOOO. OOO 0.1. m O Z F, ED 0 O-- O I V[ V r- `. N N �O(J OO 6 O 17 x C U $ N� OMI O` N N Q y OO O O f V w 0 i9HHHHWH HHHHHH HH HZH HHlA f9 HH I U 1 KNJo }zZO_'LLLL �9 m -y-2JJ ILL N - - nUzw' - - - - J( - NFF-2JJ Jy Z z C u OM $ NO NONO $-$Z S M i ;0 N M O m Z m Z ❑ = OZ ZN❑il a z w Z LLI W w ❑wom z W❑ O wYw wU Y j WH a w❑ w Umn KJZ.O>l WO❑ LL a U OnO OZ MWM 7U Rxx, �� y❑F!C ay� N UN� ❑ou w W m ❑ y Oz OZ ztt IH zj LLiZ zZ w N��V �rm o T z¢ mQ f W W¢Q QMmOmNOWW� X�oZ m Z siZO Oqaa mw O 2 puNZZJU > ZW$ ZFm�F w J U ZlL Z❑ n m» �n7 W m¢ �ooO. Q WnZZZZZWY Q00000WW❑ .W2Z W5OO M 7m ❑ z N JoWZ c ZZ O-- 'no m9g W Zz Q rcO0Z _ZZWyZ=Z J J3OQiF°T❑ J- rcUO a" $❑po o a¢NyZo- wa FgG�❑ tr gm m.gmWv a � 0— R0 wu abo _ONm =WUa Ow O. MOWW 00 O NNN ` NW ❑ Z mN Y L1 OO m O O NNO aJO m F O.0r MN MNMMNNNN MNOOmOQO Oi MNmOhMN mNN WbN mNN Q W O-m ❑ bm WZZ CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-091 A RESOLUTION AWARDING THE BID FOR THE 2006 MSA RESURFACING WHEREAS, pursuant to an advertisement for bids for the 2006 MSA RESURFACING PROJECT, bids were received, opened, and tabulated according to law, and the attached bids were received complying with the advertisement. AND WHEREAS, Tower Asphalt, Inc. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: The mayor and clerk are hereby authorized and directed to enter into a contract with Tower Asphalt, Inc. for their base bid of $236,501.45, in the name of the City of Lake Elmo for the 2006 MSA RESURFACING PROJECT according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the 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 5th day of September, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Lake Elmo Agenda Section: Finance No. 5A City Council 09-05-2006 Agenda Item: Adoption of Proposed Tax Levy & Proposed 2007 Budget tn Background Information for September 06, 2005: Attached, Please find Resolution 2006-088 pertaining to the adoption of the proposed 2007 proposed budget and the 2006 Tax Levy, collectible 2007 in the amount of $ 2,428,600. A Council Committee Budget Workshop was conducted on August 08, 2006 with the full Council in attendance. The recommended adjustments have been completed and the proposed Levy is set for Council review and approval. Please note; the proposed amount certified to the County by September 15, 2006 cannot be increased however the City does retain the discretion to lower the Levy. Action Items: Motion to Adopt Resolution No. 2006-088 for Person responsible: the Proposed 2006 Tax Levy, collectible in 2007 and the 2007 Tom Bouthilet Proposed Budget. Attachments: Resolution 2006-088 SO Not 0- 7,7 ii'71 711 Mtn W--Zw•vw.. i'm do -cj 8A mo"m Mom W WIN "W-m-Wel- m wj _-. Z7 �7 it Qm A ONW-20Y. AW low ON 7 Q6. SAY l—.� k' t'r CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-088 RESOLUTION APPROVING PROPOSED 2006 TAX LEVY, COLLECTIBLE IN 2007 & THE PROPOSED 2007 BUDGET WHEREAS, the City Council has conducted budget council and committee meetings; WHEREAS, the City is required to adopt a proposed budget for payable 2007 and certified it's proposed property tax levy for payable in 2007. BE IT RESOLVED that the City adopts the proposed 2007 Budget, BE IT RESOLVED by the Council of the City of Lake Elmo, County of Washington, Minnesota that the following proposed sums of money be levied for the current year, collectible in 2007, upon taxable property in the City of Lake Elmo, for the following purposes: Total Levy $ 2,428,600 BE IT RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota. ADOPTED, by the Lake Elmo City Council on the 5th day of September, 2006. Dean Johnston Mayor ATTEST: Martin Rafferty City Administrator Lake Elmo Agenda Section: Finance No. 5B City Council 09-05-2006 Agenda Item: Set Truth n' Taxation Hearing Dates Background Information for September 06, 2005: The City conducts a Truth in Taxation Public Hearing for the 2007 General Fund Budget and the final 2006 Tax Leery, collectible in 2007. The time frame for these Hearing Date is between November 29" and December 20t' and cannot be conducted on the same dates the County, School District and any other Special Taxing District holds their hearings (see enclosed calendar). Due to the limited available dates, I recommend that the Council consider Monday December 4°i at 7:00pm and a Continuation Hearing (if necessary) on Monday December I I"' at 5:30 for the Truth in Taxation Public Hearings. Action Items: Motion to Adopt Resolution No. 2006-089 Person responsible: setting the Truth in Taxation Public Hearing dates for the Tom Bouthilet 2006 Tax Levy and the 2007 Budget. Attachments: Resolution 2006-089 Calendar of Hearing Dates CITY OF LAIC ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO.2006-089 A RESOLUTION SETTING THE TRUTH IN TAXATION PUBLIC HEARING DATES FOR 2006 TAX LEVY WHEREAS, the City is required to set public hearing dates for the truth in taxation hearing on the 2007 budget and tax levy; and WHEREAS, these dates cannot conflict with those dates for school districts and other taxing districts within the City of Lake Elmo or Washington County; and WHEREAS, the City needs to set dates for the initial truth in taxation hearing date, and a proposed continuation hearing date should one be necessary. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City of Lake Ehno has set December 4, 2006 at 7:00 p.m. as the initial truth in taxation public hearing date and December 11, 2006 at 5:30 p.m. as the continuation date for the truth and taxation public hearing, if necessary, for the final adoption of the levy and budget. ADOPTED, by the Lake Elmo City Council on the 5th day of September, 2006. Dean Johnston Mayor ATTEST: Martin Rafferty, City Administrator .E E� N O N a� •� N M z . nl d' N ti I I p� p en•5! CIA o LID w N � �N •� N w "U" -.� � � M � � O r I i N ••+ m N �z A Lake Elmo Agenda Section: PARKS DEPARTMENT No. 7A 1 City Council September 5, 2006 Agenda Item: Carriage Station Basketball Court The City received three quotes for the building/surfacing of new basketball court at Carriage Station: (CSR) Court Surfaces & Repair, Inc. in the amount of $15,890.00, Tennis West in the amount of $13,970 w/additions and T.A. Schifsky & Sons, Inc. in the amount of $12,500.00. Public Works Supervisor Mike Bouthilet reports there are CIP funds set aside for this project and recommends awarding the bid to T.A. Schifsky. Person responsible: Action items: Mike Bouthilet Motion Second to award the bid from T.A. Schifsky, Inc. in the amount of $12,500, per quote dated August 23, 2006, for a new Carriage Station basketball court, per the recommendation of the Public Works Supervisor. Attachments: Time Allocated: Quotes 07/21/2006 04:52 17637857929 COURT SURFACES REPAIR PAGE 02 Court Surfaces & Repair, Inc1410§96 Ira — Troy D. Cartson " 16215 Yalta St. NE o Ham Lake, MN 55304.763-783-8086 . Fax: 763-785-7929 July 19, 2006 RE: BUILDING I SURFACING OF NEW BASKETBALL COURT Lake Elmo - (1) Basketball Court M z 501 The process to build new courts is as follgjts: Remove topsoil / growth and prop sub grade. Place and compact 6" Of Class 5 base rook. Install (2) 1-1/2" lifts of asphalt for a total 3" asphalt mat. City to supply and install basketball hoops. High-pressure blow entire surface clean of dirt and debris. Prime areas insure bonding of new application materials, Patch and blend low areas, ("birdbaths') to surrounding surface. - Apply (2) coats of acrylic blended resurfacerto fill remaining surface imperfections. - Apply (2) textured acrylic color coats to the surface. Color to be Dark Green. - Upon curing apply 2" white playing lines per ASSA specifications. CSR will need a water source supplied near facility location Total cost to complete (1) court project is $ 15,890.00. CSR is fully insured for your project and will issue a certificate of insurance if requested. All work has a one-year manufacturers werrentvon materials used. If You have any auestims olease call me 0 (7631-783.8D86. The above price and specifications are satisfactory and are hereby accepted. CSR is authorized to do the above work specified. This proposal may be withdrawn if not accepted within 30 days. Date Accepted _/ /_ Signature _ PO# (Please assign a PO# and or mail / fax one signed copy. Fax (763)-785-7929.) Thank you, s� r Troy D. Carlson Court Surfaces & Repair Inc. Tennis Courts 9 Running Tracks • Turfcourts . Repairs a Snowplowing 09/16/2006 21:'7 96293361U Attn: FINLEY BRAS Lek':; PAGE 01/02 ELi�;•u,n, b f � _ (Includes cover) TcMNIS d N Finlay Bros, Inc, Phone: (952)-931-v72 P.O. Sox 677 v Hopkins, IAA SEW$ Fax: (952) 933-6164. HUU--,f-.LUIUb 1. ; N;7 I W '-iUH 1 t-'ZKY K !al_V+ki 651. 777 54..38 P. 0' 2/ 02 1 emir ,5t.- P&III, ',WN 55109 1 Booze (651) 7774813 &tx (651) 777.7843 Aft: Mike GoutltNet Fm 851777.6530 Rr: Now Basketball C ourt « Lake EIMD I August 23, 2006 a Fibntavea excess fill a Add fi" of Clans 51vo Bass Grade to proper drain and oorrour Furnish and install a 1 Ye" compacted mat of 2334 Type 31S Bilun11nous rumish and Install a i 1/y, cornpaotad mat of 2131 Type 41AStturninauo Apply tWo coats of acrylic loveiing material ® Apply two texture. coaO of tennis court paint m L.Irra stripe basketball court as per specifications City to supply and install basketball hoops ftee • Permits to be 01*0nsd by the own0r of 11`19 prOJIOCZ Thank you far the opportunity to quOta you Or' this pro)eot. If you ha'ee any quastiorts or concerns, please feel free to call men tat 651.77 -1313 cantaectroes Guarantes, We guarantee all material used in this oontract to be as specified above and the entire Jab to be done in a neat, wcrkrnanlltcs manner, Any variations from plan or alteration$ requiring extra libur or material will be performed only upon written order and billed In addlticn to the Sum covered by this contract. Acceat*d Env Date r�lausa Ipn anc+rnlum pne ropy ' I: i Crue to 1he main¢ cast of asphalt all duel fual, we care onl i honor irur quotes fear 30 days. Atlas 30 I s bats/quvtas are subjeof an our review turd posgiblo cost increasa. We rcnjuire a aft down paytnartF, pay nortt due upon comp+larion. FA2006 AroposalABout filet, tote • lemdr Court • dnka Flrno.doc i r TOTRL F.0--? Lake Elmo Agenda Section: FIRE DEPARTMENT No. 7B 3 City Council September 5, 2006 Agenda Item: Fire Station No. 2 Upgrades The following bids are for upgrades to Station #2. We have approached this as a two part project. The first being, degreasing and painting the walls in the area that had been occupied by Public Works. We will be painting to match existing. Along with this we will have the floors cleaned, striped and sealed. The second portion of this is to construct a "day room" for the staff in the center stall, improve the storage space above and upgrade the existing office space. The bids we received were over $33,000.00 for this. 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. We are recommending that you approve the bid from Volk Contracting in the amount of $8250.00 for the painting and floor portion of the project. Person responsible: Action items Chief Malmquist Motion Second to award the bid from Volk Contracting in the amount of $8,250.00 for the painting and floor upgrade at Fire Station No. 2 Attachments: Time Allocated: Bids 47 fCF lti5.�31 -.` � X i'•�;t } b{. 11- � �fl1t T-l��! * f�( !. � r _r.+ r s� �11 !1 rites r l T t r r S ttf 'I A Jr... b�,-ttlrk-.*t slsJ ail ..f t t r� �Gi 1 7:• 3Ar'�>�i '�-y4.r fJ 2i :1 i)t �rµ .cam r �5f ]J� }. 1..T 1:' # r� ,ids - . .J " _ _� r` �'1-•tt'_• ...���7ftl.l '�"?�'��t�`q�ll lt. ".�� �,'��71t�� ..mot i 11•� t .-1 -. k4 ti1�\ � lfi: 11 YY � M 3 r 1 �� �", f x >r >• z 7:'r"s;,��lJ .t. } y �� a u �,fs _,�1 a<+ , .� v� , t I — � � '1 r , r"�5.'0 - �wu`�?• f ��• 4 4�,�f r f i 7 "y 1 gn— FV4 rDtt-riCa�- !r _,+ £i�. -t i!�rrik�lt4.li t,4Z I a1;)ri7'h t,� Jim,�tii� ki h �yil r r t, - _ r � Il�f -.r �.c�• }`iia4'r"- fl �f�ii� aJf n 4 )Zl rtt �� t t+Ft :Jc -: WALLS AND FLOORS VENDOR PAINT FLOOR FLOOR TOTAL EAST BAY WEST BAY Universal Painting Midwest Scott Brandt $4,350.00 $3,520.00 $2,590.00 $10,460.00 651-485-5912 Twin City Tile and Marble Gary Timm NO BID $4,890.00 $5,100.00 $9,990.00 651-602-5806 rntracnng--Ist ola Ray Volk $5,336.00 $4,229.00 $4,353.00 $13,918.00 Ray Volk $4,352.00 $4,140.00 $4,195.00 $12,687.00 Ray Volk INCLUDED INCLUDED INCLUDED $8,250.00 612-716-9206 D & L Decorating Lennie Paint 3 Paint Overhead Henning 651-738- $4,055.00 Service Doors Garage Doors 8725 $300.00 $400.00 CONSTRUCTION OF DAYROOM Dayroom, Pull Dayroom, Down Stairs Stairway and cut 2 doors Volk Contracting -1st bid Ray Volk $31,702.00 $34,815.00 612-716-9206 Volk Contracting-2nd bid Ray Volk $29,662.00 $33,073.00 612-716-9206 Both of the above include $6,000.00 electrical, $5100.00 HVAC and $3.50 sq. yd. carpet Volk Contracting-3rd bid Framing of Dayroom, including Ray Volk storage floor above/per drawing 612-716-9206 $8,350.00 Lake Elmo Agenda Section: CITY ENGINEER'S REPORT No. 8B. City Council September'$ 2006 A enda Item: 28TH Street Petition for Street Improvement (verbal) The City received a petition for the upgrade of 28`" Street, South of the end of Jamley Avenue N., from gravel to blacktop. Please refer to map attached of the petitioned street area. The City Engineer is looking for direction from the City Council. Person responsible: Action items: Tom Prew Motion Second . To direct the City Engineer Attachments: Time Allocated: Petition Map lµ: k r I _ !✓.ye//iv7- All? r t,°c Y &ivPF- 11- Aura &2Lc RECEIVED W 2 `s 2006 R21W R20W RIM DIN DIN DIN DIN M R21W NOW . . ........ . ...... . ............. .... . . .. .... i Vicinity Map 1\ C Paiscok Peterson 2798 Jamley 2751 Jamley i The Farms of Lake Elmo HOA 28th Street North Ray s L E N 9155 28th Street North i 0 172 9043 28th St. N. I Schumacher Schumacher PMTTTOO� Scale in Feet ... . ........ ................ Petfflioners W. Location Map L y g c- ? y �V I — g; y E I d I 1, E- x II -- -- --------------------------- m a ?. ---a----------------'-----'� '------------ ---------------- 7---------- MM W at�rUrUrrrrUrUr CrC��� W I+•I �y N 00 000000 J� -• N O�� p v- e' N N N O O m I�I •Q���9Z�wl���ElcgE� oc�11COJUUmFm c _— o I Izoo iol0.10 SlAE� =' fa I O O p N O M Q N 0 R W N N 2 N -- Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9A City Council September 5, 2006 Agenda Item: Zoning Variance — Richard & Eileen Bergman Background Information for September 5, 2006: At its August 28 meeting the Planning Commission conducted a Public Hearing and unanimously adopted a recommendation for approval of a variance to allow a second accessory structure on an RR zoned parcel. Both accessory structures exist today. The barn structure is located on an adjoining tax parcel (also owned by the Bergmans) today, but was originally a part of the homestead parcel on which it will be located should this variance and a subsequent Minor Subdivision be approved. The Minor Subdivision action does not accompany the variance action at this time, but would be considered by the Planning Commission on September 11, and by the Council on September 19 if this variance I approved as recommended by the Planning Commission. Person responsible: Action items: Motion to adopt Resolution 2006 - approving a zoning variance to Cy lane locate two accessory buildings on an RR zoned parcel. Attachments: QC1 -:�I' Time Allocated: 1. Draft Resolution #2006 - Approving Variance 2. Draft Planning Commission Minutes of August 28, 2006 3. Planning Staff Report of August 24, 2006 5N M AY ftnt;;g W 0 A4 - .3 :T.�:AN T CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2006-092 A RESOLUTION APPROVING A ZONING VARIANCE FOR RICHARD AND EILEEN BERGMAN LOCATED AT 11459 60TH STREET NORTH WHEREAS, Richard and Eileen Bergman, 11459 60tb Street North, has made application for a zoning variance to allow a second accessory structure on an RR zoned parcel. WHEREAS, at its August 28, 2006 meeting, the Planning Commission reviewed and recommended approval of a variance to allow two existing accessory structures on an RR zoned parcel based on the following findings: The property can not be put to a reasonable use without the granting of the variance requested. 2. The variance requested relates to divisions of lands undertaken three decades ago, by parties than the applicants responsive to zoning standards that differ from those of 2006. In addition, the 1970's land division actions illegally created a non -conformity (accessory structure on a parcel without a principal structure) that will be mitigated by the proposed variance, and therefore the circumstances are unique to these properties. 3. Granting of the variances will not change the essential character of the neighborhood. The two accessory structures already exist. WHEREAS, at its September 6th meeting, the Lake Elmo City Council reviewed the zoning variance to permit Richard and Eileen Bergman to locate two accessory buildings on an RR zoned parcel. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council approves the zoning variance for Richard and Eileen Bergman, 11459 60th Street N., to allow two existing accessory structures on an RR zoned parcel based on the Findings and subject to the following condition specified by the August 24, 2006 Planning Staff Report. 1. Approval of a Minor Subdivision, or a waiver of platting by the City Council, to create the new parcel that would contain the house and the two accessory structures. ADOPTED BY THE Lake Elmo City Council the 6`h day of September, 2006. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Bergman Variance LAKE ELMO PLANNING COMMISSj,_X STAFF REPORT Date: August 24, 2007 for the Meeting of August 28, 2005 Applicant: Richard & Eileen Bergman Location: 11459 60' Street North Requested Action: Variance to Allow a Second Accessory Building Land Use Plan Guiding: RAD Existing Zoning: RR Site History and Existing Conditions: The history of these sites is both lengthy (filling nearly 4 inches of City file space) and complex — nearly defying description, It appears that the farmstead site, including the home and the barn, were what was referred to as the John Cody Farm prior to 1977. The farm is reported by 1977 City Council Minutes as 48 acres in area. It may have been much larger at some earlier point. During 1977/1978 Rossow (who had purchased the Cody Farm) applied for and received approval of a plat to create 9 five acre lots, with the balance of the Cody Farm apparently street right-of-way for a cul-de-sac that would access directly to Highway 36. There apparently was also some zoning action regarding some or all of the lot — likely rezoning to commercial from AG. Apparently the developer never followed through with the recording of the plat or the construction of plat improvements, and was advised by the City in 1984 that the plat approval was voided. City files also refer to litigation whereby the Court apparently voided some zoning action involving the property. It therefore appear that, by 1984, the original developers had no approvals valid for the 1978 plat that included this site. Nothing appears in City files regarding this site until 1991, where it appears a title issue arises with the house on the subject site. It appears that the developer had sold the house on 2 acres by unrecorded Contract for Deed prior to the 1978 plat when this area was zoned for a minimum 5 acres. During the later platting process an additional 3 acres was added to the house site to make it legal. Even with the added 3 acres, however, the barn was still not on the 5 acres conveyed. While we can locate no building permit records, a pole building of approximately 800 square feet area was constructed (likely without a permit) within the 5 acres that had been sold with the house prior to the applicants purchasing the property (appears on the 2000 air photo). Recently the Bergmans (applicant) acquired the entire Rossow holdings (failed plat) and the house/pole barn on the 5 acres. A portion the remaining Rossow land was subsequently included in the Sanctuary plat as Outlet E — subject to a Conservation Easement or the Minnesota Land Trust. Discussion and Analysis: The applicants desire to adjust the lot line between the 5 acre house site and their adjoining land to increase the 5 acre site sufficiently easterly to include the barn structure that was detached by earlier Rossow land sale (that created the 5 acre site). By that land sale back in the late 1970's not only did Rossow create what is now a non -conforming lot (but was not then — at least after the "extra' three acres was added), but also created an adjoining parcel that contained an accessory structure (the old barn) on a parcel that had no principal structure. No RR zoned parcel may have more than one accessory structure, and that single structure may not exceed 2,500 square feet in area. Any Lot Line Adjustment (administrative) to accomplish the applicants' proposal would result in a second accessory structure on an RR zoned parcel. In addition, the sum area of the two accessory structures that would result from the Lot Line Adjustment to include the barn on the 5 acre parcel would appear to slightly exceed 2,500 square feet. In considering the variance applied for staff notes that two existing non -conformities would be eliminated or reduced in scale: 1. By adding the land area that includes the barn to the 5 acre parcel, that parcel would become 6.33 acres in area. While the resulting parcel would remain non -conforming in the RR zone (10 acre minimum), it would be less non -conforming. Reducing the parcel on which the barn now is located by 1.33 acres will not make that parcel non -conforming by area. 2. By placing the barn on the same parcel as the house, the non -conformity of an accessory structure on a parcel without a principal structure will be eliminated. Findings and Recommendations: 1. The property can not be put to reasonable use without the granting of the variance requested. 2. The variance requested relates to divisions of lands undertaken three decades ago, by parties than the applicants responsive to zoning standards that differ from those of 2006. In addition, the 1970's land division actions illegally created a non -conformity (accessory structure on a parcel without a principal structure) that will be mitigated by the proposed variance, and therefore the circumstances are unique to these properties 3. Granting of the variances will not change the essential character of the neighborhood.. The two accessory structures already exist. Based on the foregoing staff recommends approval of the requested variance subject to approval of a Lot Line Adjustment or Minor Subdivision, or a waiver of platting by the City Council to create the new parcel that would contain the house and the two accessory structures. Planning Commission Actions Requested: Motion to recommend approval of a variance to allow two existing accessory structures on an RR zoned parcel based on the Fings and subjct to the condition specified by the August 24, 2006 Planning Staff Report.%� / a % �/�jy Charles E. Dillerud, City Planner Attachments: 1. Location Map 2. Applicants' Graphics 221W - P W 119W D2N[ DIN DIN rol, TIM 178N DIN "7NT IWN MW R21W I2 H ghway 36 site ...... . ...... . ....... LU ,Sanctuary \< ----- - ----- 0 1200 Scale in Fool 1 _ .... ..... . . .... ... ... .. . ------ - ----- - - -------- - - -------- T' ((� -T-1 1 ........ . ... ---------- —j jLocatic1Map ,a 0 Patel A mumn (a flares Ealslipg) Location Map f OW OF LAKE EL SPATE HIGMNAV 30 ST. CROIX' S er i 5 / x ` w. 1,7rf 10 3-7 R21W I<20W R19W T.I. 192N PIN TLN PON vql R'0 N MN 19N Pm Ilan PT PTN RREW UM R20W Vicinity Map 0 401) t Scale In Feet and awx�a a u. ma,n a a oHfpiloAM eM IepmXrtEon W IeM �KOMn u tluy ThiKBSM�np AwNba ueWro� uM a�pkez pu9elea ufy. WazM1lnAkk�gYk ml �ecpKplNe M^iWlnaruredu. 6ww' wazmnAlmceunNsurvepn olnw. %wNIB51)A90Wi6 PKmI Eek beM m p&oJ InlomwYm Lake Elmo Agenda Section: Planning, Land Use and Zoning City Council No. 9B September 5, 2006 Church Site — Comp Plan Amendment/Rezoning (City of Lake Elmo Background Information for September 5. 2006• At the request of the property owner the City Council has twice (July 18 and August 15) deferred consideration of this recommendation from the Planning Commission. As of agenda preparation on August 31 staff has been unable to contact the property owner at their listed telephone, and we have seen nothing further in writing. We have again attached the agenda materials from the July 18 Council meeting. Action items Oq3 Motion to adopt Resolution #2006 — Approving a Comprehensive Plan Amendment, subject to Metropolitan Council concurrence. If the Resolution is Adopted !�8 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. Person onsible: ity I n Attachments: I Time Allocated: 1. July 15, 2006 Agenda Materials 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 confer 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. 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 5th day of September, 2006. Dean A. Johnston, Mayor ATTEST: Martin Rafferty, City Administrator ORDINANCE 97-178 CITY 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 adopted. 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, 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. 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 5th day of September, 2006, Dean A. Johnston, Mayor Martin Rafferty, City Administrator PUBLIC HEARING;ment .ail i A• Y • for- �.i1 i' I soot 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 10t" 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 CHAIRMAN OPENED THE PUBLIC HEARING AT 8:18 P.M. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8:19 P.M. 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 MAFT DRAFT Labe:E-4tuojAgend&a Section: Planning, Land Use and Zoning o. 913City ,ju➢y Agenda Item: Comprehensive Plan Amendment and Rezoning — Apostolic Bible Church Site Background Information for Tu➢v f S 2006: On July 10 the Planning Commission conducted the required Public Hearing and unanimously recommended approval of a City Council -initiated action to amend the Comprehensive PIan classification of this site from PF to RAD; and to rezone the site from PF to RR. The property owner (Apostolic .Bible Church) was mailed a copy of the Hearing Notice at an address provided by the Washington County GIS, but did not respond or attend the Hearing. The property owner was again notified of this pending action by mail with a copy of this Memo to the City Council. Person r onsib➢e: Aeiion iteans: Cit4�Prer Motion to adopt Resolution #2006 — Approving a Comprehensive Plan Amendment, subject to Metropolitan Council concurrence. ;:f 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: viewTune Allocated: 1. Draft Resolution #200 Approving Comp Plan Amendment 2. Draft Ordinance #97 — pproving Rezoning 3. Draft Planning Commission Minutes of July 10, 2006 4. Planning Staff Report LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: July 7, 2006 for the Meeting of July 10, 2006 Applicant: City of Lake Elmo by It's City Council Location: 8890 1 Os' 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 1988/1989 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 1988/1989 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. M and Analysis: sty Council has recently directed Staff to process a City Council -initiated Com Amendment for the subject 13+ acres to reclassify the Plan land use from PF tp stent with the surrounding lands. The Council also initiated a eomplimen t(::) sive ;ess for the site to reclassify zoning from PF to RR — again consistent with su RAD perties. The property owner (and pro e rezoning ,tified of the proposed actions. p rt owners within 350 feet of the site mounding hive been Jamprehensive Plan amendments are generally based on one or both of the following: I. 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 rezoning of this site from RR to PF reveal (as noted above) that there was no Comprehensive PIan amendment except the reference to the "zoning discussion Of the to the Zoning Ordinance. No findings regarding either change of conditions ore or supported se othe f amendment — rather, a basic determination of whether it wactit the City based on a substantially different understanding of the importance oas the "right,' or "f comprehensive wrong on b that cities are required by Statute to adopt in 2006. Y the Plans Staff concedes the advantages of 20/20 hindsight as we address the land use . There were no specific findings (reflected in guiding and zoning of this site today — 17 years after the action support of the 1989 action to assist in c determining the reasons for the actions _Minutes) in applicant's ownership of the site — no error cleaned, nor any change of conditions claimed the than site ownership), Today, that alone could easily be construed as and the basis to return the site to RAD land use classification and an error in the 1989 actron prior to the 1989 action to rezone (and automatically reclassify in the Comp p n). that the site held As the City has witnessed during the recent consideration of the Lakewood Church COMP Amendment and rezoning applications, PF land useguiding that is not easily addressed by Planningthol and zoning tends to be a special case geographic placement of the PF_ s or practice. Predeterming the need for and accomplished, except in the case ofar e ps�as or Plans are prepared is seldom the project alone may suggest PF needs as school) and eve church sites b hundreds of acres). In those cases scale. Beyond that, PF land use decisions (other than accommodating existing PF uses a project an ad hoc practice based as much on judgment y mere protect circumstances. J gment by planners and policy makers as on factual Findings and Recommendations: Staff suggests the following Findings application for amendment of the Comprehhe considered regarding the City Council initid ateensive PIan to reclassify this site from PF to RAD: 1. The subject site is a 13 acre "island" of PF surrounded by RAD land use guide essentially "spot guiding' with no factual basis to support the existing pp classification and RAD land use g ' guiding continues to surround the site an 3 sides. ►i Lake Elmo Agenda Section: Planning, Land Use and Zoning City Council No. 9D ,September 5, 2006 Commission — Lake Elmo Airport 2025 Plan Background Information for September 5, 2006• City Administrator Martin Rafferty, Planner Chuck Dillerud, and Assistant Planner Kelli Matzek along with representatives of Baytown Township and West Lakeland Township recently attended a meeting with the Metropolitan Airports Commission (MAC) staff and its consultants to discuss the Lake Elmo Airport Long Term (2025) Comprehensive Plan Update now underway at MAC. While the planning process is not yet complete, research that has been recently completed by their consultant has lead MAC to the conclusion there is at least a need for increased hanger space at Lake Elmo Airport. MAC staff also advises that, whenever the question of increased runway length is raised, aircraft owners will always favor such improvements from an aircraft operations safety perspective. Therefore runway extensions are included as draft airport development concepts. No runway relocation is now proposed — as it had been in the past. MAC presented three draft concepts for inclusion in the 2025 updated plan for local government continent: • leave the airport runways as -is, but create additional hanger development on the east side of the airport site • extend the southwest/northeast runway from 2,850 feet to 3,200 feet with hanger development • extend the southwest to northeast runway from 2,850 feet to 3,900 feet with hanger development The local government representatives at the meeting agreed that a fourth alternative be no fug develo men- at the airport (runways or hangers) MAC staff has requested City comments on the draft airport development options that have been presented by September 22. Thereafter MAC will conduct a Public forum on the draft 2025 Lake Elmo Airport Plan at an unspecified date in the future — probably at the Baytown Town Hall. Action items: Council comments on the MAXC draft 2025 development concepts for the Lake Elmo Airport. To be transmitted to MAC. Attachments: 1. Draft Concept Plans Graphics Time Allocated: I' �� 2� � A . � � � � \ =��d\�\ .����/ ƒ::? � ..: � ©�< | Eli, it i A I It Il � r l a ..CFI i M��- Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9E City Council September 5, 2006 — Xcel Fly Ash Land Fill Background Information for September 5, 2006: Following the disbanding of the Xcel "Citizen's Advisory Committee" on King ash land fill siting in 2005 Xcel returned focus to their original site of choice (which they hoped the Committee would endorse — but they didn't) in West Lakeland Township. They (Xcel) had announced much earlier that they would prepare a "voluntary" Environmental Impact Statement (EIS) for whatever site they ended up focusing on. That process has now started. State EQB Rules designate the Minnesota Pollution Control Agency (MPCA ) as the "Responsible Governmental Agency" for this type of project — probably since MPCA would be the primary State permitting agency. MPCA was well represented at the Citizen's Committee meetings in 2005, and repeatedly endorsed the land fill technical methodology that Xcel proposes as the best solution for King plant ash disposal. The initial step in the EIS is preparation of a Scoping Environmental Assessment Worksheet (SEAW). This is done by the Responsible Governmental Agency (MPCA in this case) — usually using consulting services paid for by the project sponsor (Xcel in this case). The SEAW is solely intended to address the scope of the forthcoming EIS — what should be addressed in the EIS document to fully asses the impacts from, and alternatives to, the proposed project. The SEAW was issued on August 28, and the public comment period on the SEAW will run for 45 days. Copies of the SEAW are in the Council's mail box. Lake Elmo Staff has not had time to look over the SEAW in detail yet. Will the Lake Elmo Council wish to submit written comments — if there are any? Person r nsible• Action items: Direction to Staff regarding the MPCA SEAW for King Plant Fly Ci P Ash land fill in West Lakeland Township. Attachments: I Time Allocated: None he 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. development There has been no evidence that the property owner intends a ex to have hanged frornothose site as a church during the past 7+ year .: , ivc Conditions ns appear wasdag at the time of the 1989 Comprehensive Plan amendment aline dine the has not The property owner has been officially notified of this pending responded, d for this lite to ecommends the ve Plan be amende ;ed on the foregoing, staff rRAD, ub ectt to the Metropolitan Council lassify the site in the Land Use Plan from PFF tto o RAD, ncurrence randated by State Statute, ite, be, rezoned form PF to RR on the, taff further omp nds at the subject ehensive Plan amendmentiscondition is adop ed by he Cityy counciland concurred in eeommended Comr by the Metropolitan Council. Planning 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 mlw Ow R19w TI+N u2N nlIQ THIN noN MR VAN T39N TTIIN BIU mN nul Viclnity Map D eDD 8aale In Feet rb m W m W h w mun a. wrWlAaon .nnaamiww�m ice. .nnYrn..nw�w TmtivwNA tlwIW bYAtl MIfMl.lxt nlpaMFlobI R/6 ��1iW bM. BYIa� WYM1MA^. mnryeumpibgAw. Ptu'+IA81)AnoaeY6 Perula4 beYmlPawlnMne9.li he 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. development There has been no evidence that the property owner intends a ex to have hanged frornothose site as a church during the past 7+ year .: , ivc Conditions ns appear wasdag at the time of the 1989 Comprehensive Plan amendment aline dine the has not The property owner has been officially notified of this pending responded, d for this lite to ecommends the ve Plan be amende ;ed on the foregoing, staff rRAD, ub ectt to the Metropolitan Council lassify the site in the Land Use Plan from PFF tto o RAD, ncurrence randated by State Statute, ite, be, rezoned form PF to RR on the, taff further omp nds at the subject ehensive Plan amendmentiscondition is adop ed by he Cityy counciland concurred in eeommended Comr by the Metropolitan Council. Planning 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 mlw Ow R19w TI+N u2N nlIQ THIN noN MR VAN T39N TTIIN BIU mN nul Viclnity Map D eDD 8aale In Feet rb m W m W h w mun a. wrWlAaon .nnaamiww�m ice. .nnYrn..nw�w TmtivwNA tlwIW bYAtl MIfMl.lxt nlpaMFlobI R/6 ��1iW bM. BYIa� WYM1MA^. mnryeumpibgAw. Ptu'+IA81)AnoaeY6 Perula4 beYmlPawlnMne9.li