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HomeMy WebLinkAbout04-20-99 CCMMINUTES APPROVED: May 4, 1999 LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 1999 1. AGENDA 2. MINUTES: March 16, 1999 April 6, 1999 3. CLAIMS 4. PUBLIC INOUIRIES/INFORMATIONAL: A. Board of Review and Equalization Manuals, Announce May 5, 4-6 p.m. for Board of Review B. Invitation by District 834 to attend presentation on projected student and community growth C. Set workshop with Met Council representative, Mark Hugunin 5. CONSENT AGENDA: A. Resolution allowing construction of garage closer to property line than house: Eric Wahlstrom 6. MAINTENANCE/PARK/FIRE/BUILDING: 7. CITY ENGINEER'S REPORT: A. Award Contract for Cracksealing 8. PLANNING, LAND USE & ZONING: A. Waters Bay Final Plat B. Public Facility Ordinance: April 8ih Draft C. Repealing Resolution 97-46 Lot Line Adjustment: Gaylen Springbom 9. CITY ATTORNEY'S REPORT: A. Montgomery Barrels 10. CITY COUNCIL REPORTS: 11. UNFINISHED BUSINESS:NONE 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT: A. League of Minnesota Cities Conference (Council & Staff) Clerks Institute (Cynthia Young) American Planning Association Conference (Chuck Dillerud) International Institute of Municipal Clerks (Mary Kueffner) B. Update on Baytown/Lake Elmo Steering Committee Meeting Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp, City Planner Dillerud, City Attorney Filla, City Engineer Prew and City Administrator Kueffner. 1. AGENDA M/S/P Dunn/DeLapp —to approve the April 20, 1999 City Council agenda, as amended. (Motion passed 5- 0). 2. MINUTES: March 16, 1999 (Council meeting cancelled due to lack of a quorum) M/S/P DeLapp/Dunn — to approve the March 16, 1999 City Council minutes, as presented. (Motion passed 2-0-3:Abstain: Siedow, Hunt, Armstrong) LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 1999 MINUTES: April 6, 1999 M/S/P Armstrong/Siedow — to approve the April 6, passed 5-0). 1999 City Council minutes, as amended. (Motion 3. CLAIMS M/S/P Dunn/DeLapp — to approve the April 20, 1999 Claims, as presented. (Motion passed 5-0). 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Board of Review and Equalization Manuals and announce May 5, 1999, 4-6 p.m. for Board of Review Mayor Hunt announced the Board of Review would be held on May 5, 1999, 4-6 p.m. at Lake Elmo City Hall. B. Invitation by District 834 to attend presentation on projected student and community growth On April 22, Barbara Lukerman, demographer and Mary Louise Poquette, surveyor development, will present information to the 834 Board of Education. The information deals with the projected student and community growth within the 150 square -mile District 834 boundary. An invitation is extended to representatives of each of the communities comprising District 834 to hear the presentation. Planner Dillerud has been in contact with Mary Louise Poquette regarding proposed development in Lake Elmo. Council member DeLapp will try to attend the meeting and pick up any reports distributed. C. Set Workshop with Met Council representative, Mark Hugunin Mark Hugunin, who is presently serving on the Grant City Council, introduce himself as Governor Jesse Vennim's appointee to the Metropolitan Council representing the 12'h Council district, which consists of central and northern Washington County, and North St. Paul and part of Maplewood in Ramsey County. Mr. Hugunin welcomes the opportunity to meet with the Council and working with them. The Council set a workshop with Mark Hugunin for Saturday, May 8", 8 a.m., at the Lake Elmo City Hall 1111KIPMIV►Yi[4 01KI03 A. Resolution allowing construction of garage closer to the front property line than house: Eric Wahlstrom At its April 6" meeting, the City Council approved Eric Wahlstrom's request to construct a garage that will be closer to the front property line than the house at 11415 301" Street and asked the staff to draft a resolution allowing this action. M/S/P DeLapp/Armstrong — to adopt Resolution 99-25, allowing construction of a garage closer to the front property line than the house for Eric Wahlstrom at 11415 30'h Street N. (Motion passed 5-0). 6. MAINTENANCE/PARK/BUILDING: NONE 7. CITY ENGINEER'S REPORT: A. Award Contract for Cracksealing In his memo dated April 15, 1999, City Engineer, Tom Prew, reported bids were received on Wednesday, April 14, 1999 for the annual crack sealing project. The following bids were received: 1. Northwest Asphalt Maintenance $21,960.00 2. Northland Sealing Striping $23,360.00 3. Asphalt Surface Technologies Corp. $24,801.00 4. Bergman Companies $29,600.00 5. Daffinson Inc. $31,600.00 LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 1999 M/S/P DeLapp/Siedow — to adopt Resolution No. 99-26, awarding the 1999 Crack Sealing project to Northwest Asphalt Maintenance in the amount of $21,960.00, based on a favorable recommendation of the City Engineer in his memo dated April 15, 1999. (Motion passed 5-0). 8. PLANNING, LAND USE & ZONING: A. Waters Bay Final Plat At the April 66 meeting, the City Council tabled the Waters Bay Final Plat pending a clarification of the intent of the Planning Commission Preliminary Plat recommendation regarding the location of the shared driveway serving Lots 1&2. Neighboring residents maintained that the Planning Commission did specify a location for the shared driveway based on the Preliminary Plat driveway location shown for Lot 2. The developer proposal for the shared driveway, presented to the Council on February 16, showed a shared driveway based on the location of the Lot I driveway. The recommendation of the Planning Commission said nothing about the location for the shared driveway. At its April 12, 1999 meeting, the Planning Commission adopted a motion confirming the shared driveway location based on the location of the driveway for Lot 1 (per the drawing dated February 11), but specifying the driveway intersect Lake Jane Trail Diane Taylor, 8586 Lake Jane Trail, asked for the driveway to be moved northerly because of the concern on street safety and lights shining into their house. Tim Freeman reported the Final Plat under consideration is identical to the preliminary plat approved. All of the conditions of the code have been met. After discussion between Council members and Diane Taylor, the Council agreed to revise the driveway as shown in Exhibit A, with the addition of planting 12 spruce trees. M/S/P Armstrong/Siedow — to adopt Resolution No. 99-27, A Resolution approving the Waters Bay Final Plat (Motion passed 4-1:Dunn: Against approval due to the potential damage to the environmental ecology in the area, two lots would be fine; residents were in opposition to the driveway, safety consideration of multiple driveways to road.) M/S/P DeLapp/Hunt — to adopt Resolution No. 99-28, A Resolution setting conditions prior to release and recording of the Waters Bay Final Plat, as amended, Condition 3: as shown in Exhibit A, dated April 20, 1999, signed by the City Planner, to include planting of six-6' spruce trees, six-2' spruce at the south driveway for maximum shielding. Condition 4: Transfer of outlots to the adjoining property owners are to be completed and recorded prior to issuance of any building permits by the City (Motion passed 4-1:Dunn) B. Public Facility Ordinance: April 8`i' DRAFT The City Council received the April 8, 1999 DRAFT of the Public Facility Ordinance, which reflected the recommended text amendments of the'Planning Commission. The modifications are as follows: 1. Deletion of Compost Sites as an Allowed Use; 2. Addition of"matching materials" as an alternative exterior finish; 3. Classification of existing PF uses as "Conforming" without the need for a CUP; and 4. Permitting the required site buffer to be in addition to the 15-acre site size maximum. The Planning Commission discussed the impact of the proposed amendments on existing PF uses and structures. By unanimous vote to recommend without further ordinance modifications, the Commission believed those impacts to be minimal, and that the conflicts could be addressed on a case -by -case basis as they would arise. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 1999 The Council reviewed the DRAFT ordinance and made the following modifications: Page 1, Subd. 2. Uses Allowed by Conditional Use Permit: Uses allowed herein by Conditional Use Permit that are in existence within the City at the effective date of this Ordinance may continue such use as a Permitted Use. Page 4, Subd 4. Accessory Uses and Structures: Uses and structures, which are clearly incidental and subordinate to the principal permitted, Page 5, Subd. 5. Minimum District Requirements: With Structure — 15 Acres Gross Area Page 9, d, Buffering: .... the owner shall provide the City with a financial security for a minimum of 24 months unless a shorter term of security is specifically approved by the City Council, M/S/P Dunn/DeLapp — to amend the DRAFT 4/8/99 PF Ordinance with modifications proposed. (Motion passed 5-0). City Planner Chuck Dillerud said that he counted ten public meetings at which the public was invited to bring up concerns about the ordinance since July 1998: 8 planning commission and 2 joint PZ/CC meetings. Modifications done after input from the public included: reducing the size of the buffer, elimination of conditional use standards as applied to existing churches, plus the four presented tonight. The general modifications made the PF ordinance less restrictive, consistent with testimony of most of the hearings. The current PF Ordinance is less stringent than other ordinances in the City. Of the 14 zoning districts, PF is the only one that doesn't have complete development standards. Other districts have maximum lot size such as in Ag and RR. Dillerud calculated 3,306 total existing PF acres in the City, of which 240 acres is zoned as church property. Administrator Kueffner pointed out that Mt. Zion Church went into the old Connco Shoes building which was zoned General Business confirming that churches are a Permitted Use in the General Business Zone. There was discussion on churches being defined. Council member DeLapp suggested substituting another term for churches to cover synagogues, mosques, and other religious structures. M/S/P Dunn/Armstrong — to change the term "churches" to "Places of Worship" in the Definition section of the code and wherever else it appears in the Code. (Motion passed 5-0). Council member Armstrong commented that people were given the chance to speak at earlier meetings. She also felt that a recent letter mailed to Lake Elmo residents from a group of area churches "went too far" in the group's accusing the Council of attempting to infringe on the rights of the people according to the Constitutions' First Amendment. Gordon Larson, 3052 Jamley Avenue N., felt the City was putting undue restrictions on churches. Guardian Angels church would not be able to build their complex on 22 acres. Why are churches in PF zoning? Barb Swanson, 11316 30`h St. N., asked if Lake Elmo would like to be compared to Russia and China, where freedom of religion is limited. If there were not churches, we wouldn't flourish. Churches return more than money. What we do in Lake Elmo will set a precedent for the state of Minnesota in approving or denying such an ordinance. Yvette Oldendorf, 5418 Lake Elmo Avenue N., thanked the Planning Commission for a job well done. Peter Beck, Doherty, Rumble & Butler, submitted a letter on behalf of six churches which own property in the City, indicating their concerns and comments on the proposed PF Ordinance. Beck said the ordinance is unconstitutional in part because 25 of the possible 26 public facility zones are already being used and grasping that 26 h site for a new church would be difficult and an infringement on people's freedom of religion. As he reads the General Business Zoning Ordinance, churches are not listed as permitted uses in the General Business Zone. The letter dated April 20, 1999, Peter Beck and Gregory Munson to the City Council are made part of the minutes. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 1999 4 Pastor Michael Friend, Apostolic Church, stated he had an opportunity to speak except for at the last meeting. Progress has been made, positive for churches. It was a ridiculous ordinance. Where did the 15 acres come from? The 15-acre lot size unconstitutionally infringes on the exercise of religion and is unsupported by any rational basis. Perception is the church can't build on 15-acres with a buffer. Apostolic wants to build a church in Lake Elmo that serves the rural setting, but felt the size is restricted. You can't grow your ministry then. Hopes to construct a church housing 1,000 to 1,200 members and stresses he was not trying to change the rural setting or upset the flow of the City. Wyn John, 8883 Jane Road N., former Mayor of Lake Elmo, stated the 15 acre site size was adopted as what was felt to be reasonable for a maintenance facility, local parks and also for churches. Restricting the site size was intended to avoid the development of a location, which would dominate and affect the character and infrastructure of an entire neighborhood. The set backs adopted are similar to all other zones, with no thought given to their relaxation in favor of one particular classification. Wyn John's submittal is made part of the Council minutes. Mayor Hunt read letters, which are made part of the minutes, that were received from Nate Sabin, 8080 59s' Street and Ann Bucheck, 2301 Legion Avenue, and telephone message from Diane Driscoll, 8737 DeMontreville Trail N. Rod Sessing, 5697 Keats Avenue N, Planning Commission member, provided calculations on how large of a building and the number of parking stalls can be placed on 15 acres with 35% impervious surface. The calculations are made part of these minutes. Tim Mandel, 2479 Lisbon Avenue N., Planning Commission member, stated 35% impervious coverage is too high. He cares about the groundwater, the buffer is added to shield adjacent property from noise and lights and keep up property values. If 1,472 people go to Church at one time, and you multiply this by 5, this would equal all the population of Lake Elmo. Kathy Sedro, 8916 35 s St. N. and Planning Commission member, provided research on Impervious Surface Coverage, The Emergence of a Key Environmental Indicator from the University of Connecticut. The 35% limitation on impervious surface is too high of a restriction. It does not consider wells, degradation of water supply. She considers a maximum of 10% impervious surface coverage reasonable. The submittal on Impervious Surface Coverage is made part of the minutes. Diane Taylor, 8586 Lake Jane Trail, stated she was very offended by the letter sent. She has been treated fairly by the staff, Planning Commission and City Council regarding their concern on driveway location in the Final Plat of Waters Bay. Attorney Filla asked for time to read the letter and submittals from Attorney Peter Beck. M/S/P Armstrong/DeLapp — to postpone the amended Public Facilities Ordinance in order to make the appropriate changes on the PF Ordinance and to allow the City Attorney, staff, Council to review the information submitted and provide a response on documents. (Motion passed 5-0). C. Repealing Resolution 97-46 Lot Line Adjustment: Gaylen Springborn Administrator Kueffner reported that on August 5, 1997, the Council adopted a resolution granting Gaylen Springbom a Minor Subdivision (lot line adjustment). This resolution was never recorded, as Mr. Spring -born had not yet met all the conditions. Now, he has sold the entire parcel, both A&B to one person, so the minor subdivision is no longer required. In order to keep the record straight, the Administrator asked the Council to take formal action to repeal Resolution No. 97-46, and this is at the request of Mr. Springbom. M/S/P Dunn/Armstrong — to repeal Resolution No. 97-46, adopted August 5, 1997, granting a minor subdivision to Gaylen Springbom, at the request of Mr. Springbom. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 1999 5 9. CITY ATTORNEY'S REPORT: A. Montgomery Barrels City Attorney Filla provided a copy of his March 12, 1999 letter to Tim Montgomery regarding an illegal use in the residential zoning district. M/S/P DeLapp/Armstrong — to direct the City Attorney to commence civil action against Tim Montgomery with an illegal use in a residential zoning district. (Motion passed 5-0). 10. CITY COUNCIL REPORTS: A. Mayor Hunt received a letter from Washington County Commissioner Bill Pulkrabek asking for an elected representative and a staff person to attend quarterly meetings with the "Kitchen Cabinet. M/S/P DeLapp/Dunn —to accept the invitation of Washington County Commissioner, Bill Pulkrabek, and designate Mayor Lee Hunt as the elected representative for Lake Elmo and Administrator Mary Kueffner as the designated staff person to attend quarterly meetings with the "Kitchen Cabinet". (Motion passed 5-0). B. Council member Rose Armstrong attended the 622 Elected Officials meetings and did forward information she received from Washington County regarding an abandoned house in Lake Elmo. C. Council member Siedow received a call from a new resident, who could not get a certificate of occupancy from the Building Official because the lights on the house are illegal. Siedow went out and looked at the lights and found them not to be bright and reflected the light down and not out. He asked the Council to consider modifications to the light ordinance. Council member Dunn received the call and thought it was the style of lights that were being objected to. The City Planner has gathered information from the EPA and is working with Council member DeLapp on examples of lights that meet the intent of the ordinance. The Building Official has a book on light fixtures that do meet the ordinance and can be reviewed by residents. Also, it was found that some of the contractors had been interpreting the City's lighting ordinance incorrectly. Ann Bucheck asked the Council not to repeal the light ordinance because this would take away the darkness and you would not be able to see the stars. 11. UNFINISHED BUSINESS: NONE 12. NEW BUSINESS: Council member DeLapp asked the Council if they are interested in considering allowing churches in every zoning district under certain conditions and come back with pros and cons and then passes it on to the Planning Commission. M/S/P Armstrong/DeLapp — to discuss under Planning, Land Use and Zoning, amending the business zones to include some or all of the PF uses as permitted; subject to business development standards. Most PF uses are already permitted in GB, so the zones involved would be HB, LB and BP. (Motion passed 5-0). Council member DeLapp asked the Council to consider discussion -involving development of a use intensity approach to allow PF type uses in Ag and residential zoning districts. Planner Dillerud explained another term for this regulatory strategy is Performance Zoning M/S/P DeLapp/Armstrong — to discuss ideas to pass on to the Planning Commission on PF uses in Ag and residential zoning districts, as allowed conditionally, set aside by the comprehensive Plan. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 1999 6 13. CITY ADMINISTRATOR'S REPORT: A. League of Minnesota Cities Conference (Council & Staff) Clerk's Institute (Cynthia Young) American Planning Association Conference (Chuck Dillerud) International Institute of Municipal Clerks (Mary Kueffner) The League of Minnesota Cities Conference will be held in Rochester from June 15-18. Anyone who plans to attend should return the forms to the Finance Director. Cynthia Young received her third grant for attendance at the Minnesota Municipal Clerks Institute. The Conference is July 12-16 at the Earle Brown Institute. Chuck Dillerud will be attending the Annual Planning Association's Conference in Seattle from April 24- 28at an estimated cost of $1700. Administrator Kueffner asked approval to attend the International Institute of Municipal Clerks in Ottawa the third week in May at an estimated cost of $1700. Deputy Clerk, Sharon Lumby, gave an update on the Clerks Conference she attended at Cragun's this March. M/S/P DeLapp/Siedow — to approve the City Council and Staff s attendance at the League of Minnesota Cities Conference; to approve Cynthia Young's attendance at the Minnesota Municipal Clerks Institute; to approve Chuck Dillerud's attendance at the American Planning Institute; and to approve the City Administrator's attendance at the IIMC in Ottawa, based on a strong and favorable recommendation of the City Administrator. (Motion passed 5-0:Armstrong commented she didn't feel staff needed to attend a conference every year). B. Update on Baytown/Lake Elmo Steering Committee Meeting Mayor Hunt gave an update on the May 19°i Consolidation Committee Meeting where it discussed taxes, land use, equal representation, proposed public meeting at Oakland Jr. H.S. on May 240s and the possibility of holding an Open House. The Council thought the Mayor's idea of holding an informal Open House was a good one. Administrator Kueffner reported she sent a letter to Pat Forciea asking for his input on developing a brochure consisting of a consolidation summary to be sent out 1 week or 10 days before the election. Money from the $10,000 grant will be used for public relations. The Council adjourned the meeting at 11:15 p.m. ---------------------------------- Respectfully submitted by Sharon Lumby, Deputy City Clerk Resolution No. 99-25 Allowing construction of garage closer to front property line that the house for Eric Wahlstrom, 11415 30°i Street Resolution No. 99-26 Awarding the 1999 Crack Sealing project to Northwest Asphalt Maintenance Resolution No. 99-27 Approving the Waters Bay Final Plat Resolution No. 99-28 Setting Conditions prior to release and recording of the Waters Bay Final Plat LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 1999 7 7t r r , r 1033IC A . 1 V 3- - - ------� — — d 1 .5 Acf ssib)e House _ 932.9 Qg 9 4,5 x as For eS s t'em 2 >O Mound I Mound 93 5� PC osLocatHouse tl:. 41L B2 iox —TI _1 0 e Q •� aa� ) - ' P' sibl B3 PO o7 9g @ �1 /!. x tf cation 92 x 1 cSuita Bs ; N ' . I N \ For ep tics S s 934.7 at a A Olt 85 930.8 120 \ t �o ©6V!_ P) x �`o Lz13.09 0.8 S "Y 93 .8 x h --1934 x z C y 940.9 DOHERTY RUMBLE & BUTLER PROFESSIONAL ASSOCIATION Attorneys at Law April 20, 1999 Mayor Lee Hunt and Members of the City Council City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Re: Proposed PF-Ordinance Dear Mayor Hunt and Members of the City Council: V 11110 Fifth Street Tower+ 15l 5uuth Fifth Street blinneapulit. %linnueuta .3541024235 Tudephune (612) 6-4;O() F:\% (612) 6--4800 %Vrit,,, direct dial number: (612)677-4588 Beckp@drblaw.com This letter is submitted on behalf of the six churches which own property in the City of Lake Elmo, to set forth their concerns with and comments on the proposed PF-Ordinance which the Planning Commission has recommended the City Council adopt. The PF-Ordinance as drafted, and the City of Lake Elmo Zoning Code, contain fundamental constitutional deficiencies as they relate to churches. Our specific concerns with the proposed ordinance, and the supporting legal analysis, are set forth in detail in this letter. As we have stated repeatedly, the churches remain anxious to work with the City to assist in developing land use standards for churches which address the City's objectives, while recognizing the protection given to churches and religious uses under the State and Federal Constitutions. We have never taken the position that the City cannot impose reasonable zoning regulations on religious uses. However, as currently proposed, both the proposed PF-Ordinance and the existing Zoning Code go far beyond the scope of regulation permissible under the State and Federal Constitutions. SUMMARY The First Amendment to the United States Constitution states, in relevant part: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." St.Pnld • .Qu,neapolis • De,wer •Sall Ru!non • D.C. RUMBLE �"- t o A,<. & BUTLER 2 c e 0,0 City of Lake Elmo April 20, 1999 PROFESSIONAL ASSOCIATION 1150 Page 2 Article 1, Section 16 of the Minnesota Constitution states, in relevant part "The right of every man to worship God according to the dictates of his own conscience shall never be infringed ... nor shall any control of or interference with the rights of conscience be permitted..." The fundamental problem with the proposed PF-Ordinance is not that it treats similarly situated uses differently, although in some important instances it does. The fundamental problem with the ordinance is that it infringes on fundamental religious freedoms guaranteed by the State and Federal Constitutions. Government cannot infringe on the freedom of religion unless it has an overriding or compelling reason related to public health or safety for doing so, and then only if it utilizes the least restrictive means. Lakewood Evangelical Free Chur and Apostolic Bible Church e been trying to locate a worship facility in the City of Lake mo for over two years. T efforts to do so have been repeatedly blocked, as detailed in the hibits to this 1 e proposed PF-Ordinance would prohibit these churches from proceeding wit t eu facilities as proposed, or with any reasonable church facility. The ordinance also, for good measure, prohibits the four existing churches in Lake Elmo from expanding to meet the growing needs of this community. Church representatives have attended dozens of public and private meetings with City officials over the past several years. Many of these meetings are summarized or referenced in the exhibits attached to this letter, including a list of public meetings for which a videotape record is available. Throughout this process the churches have heard only one reason for the roadblocks thrown in front of them and the restrictive, even prohibitive, provisions of the new ordinance: The City does not want any big churches; no mega -churches. The City can regulate the size of commercial uses (although it has chosen not to do so); and can arguably regulate the size of public schools and other governmental facilities. But it cannot regulate the size of a constitutionally protected religious use unless it has an overriding or compelling reason to do so. The desire not to have any big churches in town does not meet the standard. Set forth below are the major issues which the churches see with the proposed ordinance. These concerns were expressed to the Planning Commission and, for the most part, ignored. As we told the Planning Commission, these are the issues which must be addressed for the proposed ordinance to meet minimal constitutional standards. MumoG 598883.1 DOHERTY RUMBLE & BUTLER PROFESSIONAL ASSOCIATION ISSUES City of Lake Elmo April 20, 1999 Page 3 The Zonis Code provides no allowable sites for a new church as a permitted or conditional use. The Lake Elmo Zoning Code does not allow churches in any zone other than the PF zone. (The general business zone does allow religious "service/office" uses. However, it is apparent from the context and the lack of any parking requirement or other performance standards related to worship spaces that this is not intended to allow churches.) The PF Zone is a "floating zone", meaning it exists only for previously approved or existing uses. Of the 26 existing sites in the City zoned Public Facilities and Public, as identified by City staff, 25 are presently occupied by existing uses. The only exception is the Apostolic Bible Church site, which was rezoned for the Apostolic Bible Church. Development of this church, however, was stopped by the City's moratorium on public facility uses. The new ordinance will make the Apostolic Bible Church site a nonconforming site, and will render it useless for a church, as documented in the exhibits to this letter. Therefore, upon adoption of the PF-Ordinance there will be no sites in the City of Lake Elmo where a church can be built as a permitted or conditional use. The only way to build a church would be to request rezoning to the PF-Zone, a legislative determination by the City Council which requires a 4/5 vote. If rezoning can be obtained, the church would then have to obtain a conditional use permit. Requiring legislative approval to establish any religious use of land in the City of Lake Elmo is an unconstitutional prior restraint on and interference with the First Amendment rights to freedom of speech, assembly and the exercise of religion; and the freedom of conscience clause in the State Constitution . The Zoning Code must allow the opportunity to establish religious uses without the legislative approval of the City Council, as a permitted or, in limited circumstances where closer review is justifiable, conditional use. It is not acceptable for the existence of any future church in Lake Elmo to fall to the sole discretion of the City Council. 2. The 15 acre maximum lot size unconstitutionally infringes on the exercise of religion and is unsupported by any rational basis. The proposed PF-Ordinance includes a maximum lot size of 15 acres. The record indicates that 15 acres was selected because this is all the land necessary for a City maintenance garage. Other reasons expressed to the churches for the maximum lot size include the desire to prohibit big churches and to minimize the amount of tax-exempt land in the City. MumoG 588883.1 RUMRTY BLE & BUTLER PROFESSIONAL ASSOC[ATIOS City of Lake Elmo April 20, 1999 Page 4 The 15 acre maximum lot size will prohibit the two churches which currently own undeveloped land in Lake Elmo from proceeding with their planned churches, and will severely interfere with or prohibit any church from establishing a new facility designed to meet the needs of today's worshipers. No other zone in the City has a maximum lot size. In fact, all other zones, including the City's business zones, have minimum lot sizes. In fact, the City's business park zone requires a minimum of 20 acres to plat a business park, and a minimum building foundation size of 1.0,000 square feet. There are no maximums on plat size, lot size or building size. The record contains no evidence of anyimpacts associated with churches which are so great that churches must be restricted to 15 acres, while business parks are required to be greater than 20 acres. The ordinance contemplates that either a church or a business park could be located adjacent to residential uses, and establishes extraordinary setbacks for both churches and business park from residential uses (see below). However, neither the ordinance itself, nor anything in the record leading up to its recommendation for adoption by the Planning Commission, supports the 15 acre maximum lot size for churches. The only reason the churches have heard for the maximum lot size is the desire to prohibit big churches and to limit the amount of tax-exempt property in the City. This is not a sufficient basis on which to interfere with the constitutionally protected rights of the churches and their members to assemble and practice their religion. The fact that the maximum lot size applies to other, non -religious uses in the public facility zone does notjustify governmental interference with constitutionally protected rights. Furthermore, as evidenced by the inventory of existing PF and P zoned sites in Lake Elmo, the 15 acre maximum is nonsensical as to all PF uses. Eleven of 26 existing P and PF zoned sites currently exceed the 15 acre maximum, several by hundreds of acres. The 15 acre maximum lot size should be eliminated. 3. The Residential buffer requirement is unsupported be any rational basis and is intended solelX to unduly restrict and prohibit religious uses. The 200 foot buffer requirement is unique to the PF district, far out of proportion to the impact of church uses, and nothing more than a thinly veiled effort to further restrict the size of churches. By comparison, the City Zoning Code requires only a 100 foot setback from a residential property line (200 feet from a residential structure) for animal buildings, feedlots and manure storage facilities. The City's general business and other business zones require only a 100 foot buffer from MumoG 588883,1 DOHERTY RUMBLE & BUTLER PROFESSIONAL ASSOCIATION City of Lake Elmo April 20, 1999 Page 5 residential districts. Even the business park zone, which has a 20 acre minimum plat size requirement, requires only a 150 foot buffer. There is no rational basis for imposing twice the buffer requirement on religious uses as on general business uses. The buffer requirements should be modified to a 150 foot building setback requirement and a 50 foot parking and driveway area requirement. The amendment proposed by the Planning Commission, allowing the buffer to be outside of the 15 acre maximum parcel size, but only if on a separate tax parcel, contiguous to the principal parcel, and encumbered by a perpetual easement prohibiting development and legal combination with any other parcel, is an unconstitutional taking of property, and a blatant attempt to require churches to pay taxes on church owned property required to meet the buffer requirement. This provision, perhaps even more than the maximum lot size, illustrates the intent of the proposed ordinance to impose unconstitutional restrictions and requirements on the development of new churches in the City of Lake Elmo. 4. The 35% limitation on impervious surface is also an unreasonable restriction designed to make it impossible to develop a church use. The 35% impervious surface limitation is also not supported by any rational basis. Nothing even close to 65% pervious surface is necessary for surface water management and virtually all existing, developed PF sites in the City substantially exceed the 35% requirement. Once again, comparison to existing standards for other uses is illustrative. The maximum impervious surface allowed in the business park zone is 75%. There is no basis for a requirement that is more than twice as severe on churches. The churches have previously proposed that the impervious surface restriction be increased to a minimum of 50%. 5. The proposed ordinance unconstitutionally prohibits the expansion of existing churches in Lake Elmo. As noted above, 25 of 26 sites currently zoned PF or P in the City are occupied by existing uses. It is believed that every one of these sites (with the possible exception of the cemetery and the parks) does not comply with the requirements of the proposed PF-Ordinance. Eleven of the 26 sites exceed the maximum lot size; and the remaining developed parcels, including all of the existing churches in the City of Lake Elmo, violate one or more of the setback, buffer and/or impervious surface requirements. The Planning Commission's response to an ordinance which renders every existing PF site in the City nonconforming was to amend the ordinance to state that existing uses "may continue such use as a conforming use without a conditional use permit." However, the impact of this amendment MumoG 588883.1 DOHERTY RUMBLE & BUTLER PROFESSIONAL ASSOCIATION City of Lake Elmo April 20, 1999 Page 6 is unclear. It grants no exceptions from the performance standards of the ordinance. Therefore, although an existing church might be "conforming", if it violates any of the performance standards of the new PF-Ordinance, which all of the existing church sites do, it cannot expand in any way. The ordinance must allow some reasonable expansion of existing public facility uses, including churches. 6. The ordinance is undue restrictive with respect to allowable building materials and does not blow signage at all. The proposed PF-Ordinance restricts churches to the use of certain building materials, with no explanation as to the specific limitations. There are numerous building materials available which would have no negative impact, would blend into the surroundings of Lake Elmo, and would be more affordable for churches than the materials required in the proposed ordinance. The ordinance also does not allow any signage. Every use in the City needs to be able to identify itself with appropriate signage. The ordinance must be amended to allow a reasonable amount of signage to identify public uses. ANALYSIS I. United States Constitution The First Amendment to the United States Constitution states in relevant part, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." The "exercise of religion" often involves not only belief and profession, but the performance of (or abstention from) physical 4cts: for example, assembling with others for a worship service... Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872, 875 (1990). In Smith, the Supreme Court reaffirmed it's long held position that when a free exercise claim is coupled with another constitutional claim arising out of the same law, strict scrutiny of the law should be applied. Such a claim is known as a "hybrid rights" claim. In this case, the proposed PF-Ordinance will make it impossible to build a place of worship in the City of Lake Elmo. This violates the church members' rights to freely exercise their religion, as well as their rights to freely assemble and speak. An individual's freedom to speak, to worship, and to petition the government for the redress of grievances can not be vigorously protected from interference by the State if a correlative freedom to engage in group effort towards those ends is not also guaranteed. Roberts v United States Jaycees, 468 U.S. 609, 622 (1984). A fundamental tenet of most religions is the practice of congregating for worship. By regulating the size of churches, and thus the number of individuals who can participate in worship, Lake Elmo regulates worship in its MumoG 588883.1 DOHERTY RUMBLE & BUTLER PROFESSIONAL ASSOCIATION City of Lake Elmo April20, 1999 Page 7 fullest sense. This regulation impacts the churches free exercise, assembly and speech rights, and is subject to strict scrutiny. In Cornerstone Bible Church v. City of Hastings, 948 F.2d 464 (8" Cir. 1991), the City of Hastings sought to exclude churches from the central business zoning district in the city. The district court granted summary judgment in favor of the City. The Eighth Circuit reversed, based upon the hybrid rights claim of the church. The Eighth Circuit held that because the church had viable free speech, freedom of association, and equal protection claims, the churches free exercise claim based on hybrid rights was colorable as a matter of law. The Eighth Circuit stated that in asserting both that the law directly regulated religion, and that it triggered "hybrid rights", "The church's claims thus follow the two remaining paths for advancing a free exercise claim." Id When hybrid rights are triggered, the ordinance in question is subject to strict scrutiny. Under a strict scrutiny analysis, the court must determine whether the law substantially burdens religion. If so, there must be a compelling state interest supporting the regulation, the regulation must be narrowly tailored to address that interest, and the regulation must be the least restrictive means of doing so. See generally, Smith. In the present case, it must be determined whether Lake Elmo's Ordinance places a substantial burden on religion. A "substantial burden" has been defined as follows: "In order to be considered a substantial burden, the governmental action must significantly inhibit or constrain conduct or expression that manifests some central tenet of a person's individual religious beliefs, must meaningfully curtail a person's ability to express adherence to his or her faith; or must deny a person reasonable opportunities to engage in those activities that are fundamental to a person's religion". Weir v. Nix, 114 F.3d 820 (8`h Cir. 1997). Lake Elmo's Zoning Ordinance, coupled with the proposed PF-Ordinance, clearly place a substantial burden on religion. Churches are not a permitted use anywhere in the City. Existing churches may continue in existence without expanding, but no new churches can be developed without legislative approval from the City Council. Even if this approval could be obtained, the restrictions of the ordinance make it impossible to build a new church. Clearly the unavailability of a common house of worship within the City of Lake Elmo places a substantial burden on religion. It cannot be contested that worship is a fundamental tenet of churches. Additionally, the severe size restrictions on new churches, and the inability of existing churches to meaningfully expand, will hinder other important aspects of religious exercise. For example, under the proposed PF-Ordinance, a church would not have enough room to construct an adequate sanctuary space, let alone suitable classrooms, recreational facilities, counseling facilities, and other facilities which all serve a vital function in the exercise of ones religion. MumoC 588883.1 DOHERTY RUMBLE & BUTLER PROFESSIONAL. ASSOCIATION City of Lake Elmo April 20, 1999 Page 8 In Chub v. City of Chicago, 1996 WL 89241 (N.D. Ill. 1996), the court held that a zoning ordinance which renders it practically impossible to locate a suitable place for worship and congregation within the city may indeed create a substantial burden. Countless other cases have also stricken down zoning regulations which substantially interfere with religion. See e.g. Islamic Center of Mississippi V. Starkville, 840 F.2d 293 (5" Cir. 1988) (church allowed only by special permit in zone, even through permitted use in another residential zone); Englewood v. Apostolic Christian Church, 146 Col. 374, 362 P.2d 172 (1961) (church allowed only with special permit); Rogers V. Mayor &Aldermen of Atlanta, 110 Ga.App. 114, 137 S.E.2d 668 (1964) (church allowed only with special permit in residential *275 zone); Church of Christ v. Metropolitan Board of Zoning Appeals, 185 Ind.App. 346, 371 N.E.2d 1331 (1978); Mooney v. Orchard Lake, 333 Mich. 389, 53 N.W.2d 308 (1952); Congregational Temple Israel v. Creve Coeur, 320 S.W.2d 451, 456 (Mo. 1959) (exclusion from residential zones); Jehovah's Witnesses Assembly Hall v. Woolwich Township, 220 NTSuper. 381, 532 A.2d 276 (1987); Farhi v. Deal Borough Commissioners, 204 N.J.Super. 575, 499 A.2d 559 (1985); Diocese of Rochester v. Planning Board, 1 N.Y.2d 508, 522, 154 N.Y.S.2d 849, 136 N.E.2d 827 (1956) (churches cannot be excluded from a residential district); North Shore Unitarian Society v. Village of Plandome, 200 Misc. 524, 109 N.Y.S.2d 803 (1951); State ex rel. Synod of Ohio of United Lutheran Church v. Joseph, 139 Ohio St. 229, 39 N.W.2d 515 (1942) (church allowed in residential district only with special permit); Congregation Committee, North Fort Worth Congregation ofJehovah's Witnesses v. Haltom City, 287 S.W.2d 700 (Tex.Civ.App. 1956); State ex rel. Wenatchee Congregation of Jehovah's Witnesses v, Wenatchee, 50 Wash.2d 378, 312 P.2d 195 (1957) (special permit required for church in residential zone); see also Love Church v. Evanston, 671 F.Sup. 515 (N,D.111.) (1986), rev'd on other grounds, 896 F.2d 1082 (7`h Cir. 1990); 2 R. **1103 Anderson, American Law of Zoning (3d Ed.) § 12.22; 82 Am.Jur.2d, Zoning and Planning § 154, p. 639; annot. 74 A.L.R.2d 377. There is ample evidence in the record showing that the churches will be unable to accommodate the religious needs and activities of their respective congregations within the restrictions imposed by the proposed PF-Ordinance. The evidence further indicates that activities which have become central to modern religious beliefs, practices and worship will be curtailed. Because the zoning scheme substantially burdens religion, Lake Elmo must have a compelling interest for the regulation, and the regulation must be narrowly tailored to achieve that interest. A compelling interest must represent a "paramount interest". Sherbert v. Verner, 374 U. S. 406 (1963). It is an interest of the "highest order". Wisconsin v. Yoder 406 U.S. 205 (1972). Lake Elmo's purported interest in the restrictions imposed by the proposed PF-Ordinance is to limit the size of churches and the amount of tax-exempt land in the City. These are not compelling interests. Preservation of tax base has never been recognized as a compelling interest, and zoning and land use regulations have long been recognized as legitimate, and even important, but not compelling governmental interests. MUMOG 588383.1 DOHERTY RUMBLE & BUTLER PROFESSIONAL ASSOCIATION City of Lake Elmo April 20, 1999 Page 9 Even if Lake Elmo's interest in the proposed PF-Ordinance was found to be compelling, the ordinance is not narrowly tailored to advance that interest. The Zoning Code excludes churches from all zoning districts except PF, and allows new churches only after legislative approval of PF zoning. The PF zone imposes restrictions far greater than those imposed on uses with greater intensity and impact (such as motels, hotels, restaurants, offices, business parks, etc.) with no rational basis for doing so. Therefore, the Zoning Ordinance, including the proposed PF-Ordinance, is not narrowly tailored to advance any compelling interest. Because Lake Elmo does not have a compelling interest in limiting the size of churches, and because the ordinance is not narrowly tailored, the Ordinance is in violation of the First Amendment of the United States Constitution. II. Minnesota Constitution Article I § 16 of the Minnesota Constitution provides the standard under which governmental regulation of religion is evaluated in Minnesota. It is commonly known as the "freedom of conscience clause". See generally, Basich v. Board of Pensions (ELCA), 540 N.W.2d 82 (Minn. Ct. App. 1995). Section 16 states: The enumeration of rights in this constitution shall not deny or impair others retained by and inherent in the people. The right of even man to worship God according to the dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend , erect or support any place of worship, or to maintain any religious or ecclesiastical ministry against his consent; nor shall any control of or interference with the rights of conscience be permitted, or any preference be given by law to any religious establishment or mode of worship; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of the state, nor shall any money be drawn from the treasury for the benefit of any religious societies or religious or theological seminaries. 'Minnesota Constitution Article 1 §16 (emphasis added), This language is of a distinctively stronger nature than the federal counterpart, which states only that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." State v. Hershberger, 462 N.W.2d 393, 397 (Minn. 1990). Whereas the first amendment establishes a limit on government action at the point of prohibiting the exercise of religion, §16 precludes even an infringement on or an interference with religious freedom. Accordingly, government actions that may not constitute an outright prohibition on religious practices (thus not violating the first amendment) could nonetheless infringe on or interfere with those MumaG 583883 1 DOHERTY RUMBLE & BUTLER PROFESSIONAL ASSOCIATION City of Lake Elmo April 20, 1999 Page 10 practices, violating the Minnesota Constitution. Id.... "[T]he state Bill of Rights expressly grants affirmative rights in the area of..religious worship while the corresponding federal provision simply attempts to restrain governmental action." Id. Section 16 also expressly limits the governmental interests that may outweigh religious liberty. Only the government's interest in peace or safety or against acts of licentiousness will excuse an imposition on religious freedom." Id. See also, Basich; Hill -Murray Federation of Teachers v. Hill -Murray High School, 487 N.W.2d 857, 865 (Minn. 1992). The state of Minnesota has the right to impose more rigorous constitutional standards than those set forth in the federal constitution. State by Cooper v. French, 460 N.W.2d 2, 9 (Minn. 1990). The plain language of § 16 requires a court to balance competing interests whenever rights of conscience are burdened. Id. The state may , erfere with rights of conscience only if it can show that the religious practice in question is licentious or inconsistent with goals of peace or safety. Id. hurches, and will In the present case, the PF-Ordinance is specifically designed to restrict the size of c have the effect of prohibiting new churches. This undeniably infringes and interferes with the churches ability to worship and exercise other religious practices. This is precisely the type of infringement which § 16 does not permit. The Minnesota Courts impose a four prong compelling interest test in determining the validity of a regulation: 1) is the belief sincerely held; 2) does the state regulation burden the exercise of a religious belief; 3) is the state interest in the regulation overriding or compelling; 4) does the state regulation use the least restrictive means for effectuating its compelling interest. Murphy v. Murphy 574 N.W.2d 77 (Minn. Ct. App. 1998); Basich; Hill Murray. 1) The Lake Elmo churches desire and need to worship is a sincerely held religious belief. The Bible and founding doctrines of the churches support this. A fundamental element of practicing religious beliefs includes congregating for worship. Furthermore, the provision of social services, recreational activities and community services form an integral element of the exercise of religious belief. Countless cases, even under the less stringent first amendment test, have held as much. See e.g., Western Presbyterian Church v. Board of Zoning and Adjustment, 862 F.Supp. 538 (D.D.C. 1994). 2) As discussed above, the Lake Elmo Zoning Ordinance, and the proposed PF-Ordinance, burden religious practices. Pursuant to §16 of the State Constitution, even infringement or interference with religion, whether direct or indirect, constitutes a burden. The exclusion of churches from all zoning districts burdens religious practices. The allowance of churches only as a conditional use in one zoning district burdens religious practices. The need to obtain legislative approval and a conditional use permit to establish a new place of worship burden religious practices. The severe restrictions imposed on churches in the proposed PF-Ordinance burdens religious practices. The record is amply filled with testimony and evidence that churches simply will not be able to carry out their religious missions under the proposed PF-Ordinance. MumoG 598883.1 DOHERTY & B BT ER PROFESSIONAL ASSOCIATION City of Lake Elmo April 20, 1999 Page 11 3) It is also clear that Lake Elmo does not have a compelling or overriding interest in the Ordinance. To begin with, pursuant to the language of § 16 itself, only religious practices which are licentious or inconsistent with the peace and safety of the state are unprotected. Ordinary worship, community service, social services, and recreational activities trigger none of these concerns. Even assuming they did, Lake Elmo's interest in enacting the PF-Ordinance, and in excluding churches throughout the City, is not compelling. The record indicates that Lake Elmo's reason for these restrictions, its interest in the PF-Ordinance, is to prohibit big churches, and to limit the amount of tax-exempt land in the City. As discussed above, these interest are not compelling, and certainly do not justify the burdens imposed by this ordinance on religious liberty. 4) Assuming, for argument, that Lake Elmo does have a compelling interest in the proposed ordinance, and that religious worship in a large church is licentious or contrary to peace or safety, the Ordinance as a whole, and the PF-Ordinance, are not the least restrictive means of accomplishing those interests. The same discussion under the first amendment above, regarding narrow tailoring of the ordinance, applies here. In sum, the Minnesota Constitution provides far greater protection for religious practices than the First Amendment of the United States Constitution. The proposed PF-Ordinance is clearly unconstitutional in Minnesota. CONCLUSION The Lake Elmo Zoning Ordinance and the PF-Ordinance are unconstitutional under both federal and state standards. The steps which must be taken to meet minimal constitutional standards are set forth above. The churches of Lake Elmo are prepared to work with the City to help it accomplish its goals with respect to zoning, while providing constitutionally sufficient land use opportunities within the City for church uses. V truly yours, Peter K. Beck ' U Grego W Munson MumoG 588883.1 �eh�J -aD -q q ■ I am Wyn John, 8883 Jane Road North, former Mayor of Lake Elmo. I have watched howthe Lake Elmo Council and Planning Commission have been subject to a strong lobbying effort from various religious bodies who feel that they are being unfairly singled out by the City in the proposed revision of the PF Ordinance. Revision of the ordinance was an obvious need when citizens responded negatively to the construction of a maintenance facility in their neighborhood about three years ago. They did not like the potential increased noise from heavy vehicles although the facility would only employ four people, traffic hazards, potential ground water pollution, allergic reactions to fungal growths, and the impact of the facility on their residential neighborhood. In the absence of specific regulations, some of these comments had merit, but the NIMBY philosophy was also a major factor. The City Council has the power to regulate all activities within its jurisdiction. It establishes zoning which defines areas where particular endeavors are deemed acceptable to the City and these are well publicized in the City's Comprehensive Plan, and associated land use maps. These follow well accepted definitions, and changes in zoning are only done after extensive discussion and debate. In the preparation of new or revised Ordinances, the Planning Commission and Council have to try to anticipate all potential impacts such changes may have on the community as a whole. They also have to recognize that an ordinance cannot favor one group over another. A change in an Ordinance may appear desirable in one aspect but cause more adverse reaction when considered in another light. For this reason the Council has to take an even handed approach with all regulations. Unfortunately, as you see tonight, the local churches have reacted very unfavorably to details in the ordinance which they feel to be unduly restrictive. To have no limit on lot size for a public facility is asking for truble in the future. The 15 acre site size was adopted as what was felt to be reasonable for a maintenance facility, local parks and also for churches. Restricting the site size was intended to avoid the development of a location which would dominate and affect the character and infrastructure of an entire neighborhood. The set backs adopted are similar to all other City Zones, with no thought given to their relaxation in favor of one particular classification. The churches feel that they are being unduly restricted in their ability to expand their ministries in Lake Elmo, by this proposal. They talk of interference in the affairs of the Church by the State as though they have the divine right to develop as they choose, in whatever direction they feel appropriate. Churches provide a place for worship and communication at times of stress and joy. They fill a need for local residents. On the other hand, some of their activities are very close to being business related, and the reaction of the local prelates in pursuit of their aims are strikingly similar to the reactions of business developers who wish to settle in Lake Elmo in areas where their activities are restricted. Day Care Centers are subject to local regulations, and Lake Elmo has such centers which run as small businesses. Does a Church, in setting up a Day Care Center which may be needed for the community, act as a business by charging for attendance, or is it a charitable pursuit by being free to all comers? Should the site occupied by a proposed church - one Church wishing to relocate to Lake Elmo has bought a 108 acre tract - be permitted to develop in as grand a manner as to be similar in impact to a K-Mart or Menard's? Sites designated for Church construction cannot be in favor of one religious group. If a Mosque were to be erected in Lake Elmo - complete with minarets and loudspeakers to summon the faithful to prayer, at dawn and other times of day,- would the noise ordinance have to be repealed to meet their special needs? Does a Church, in advertising its presence, claim a greater right to signage, lighting, bell towers and the like, than their business counterparts? It is with consideration of the potential affects on all aspects of City life that the Council tries to establish its ordinances to be reasonable to ALL its citizens. The churches have decided to mount an all out attack on the Ordinance, because it affects their own long term expansion plans, which include relocation from other communities because they have outgrown what they have. Should Lake Elmo provide these extensive facilities for non Lake Elmo residents? Like businesses, churches sometimes fail. Their congregation can move away, or another "ism" becomes more fashionable. Their grandiose plans may outstrip their ability to pay for their overlarge infrastructure. Having rezoned an area to PF, complete with buildings and extensive parking lot. is it then eligible for rezoning to business use? It could be argued that it is an undue hardship on a religious group, for the original PF zoning to be retained when there is a ready and willing commercial buyer waiting in the wings. The Planning Commission and Council should stick to what they have created after long and careful thought. Thank You. To the mayor and city council membe�of Lake Elmo — I would like to address the issue of the PF zoning ordinance currently under your consideration. As a resident of Lake Elmo I am interested in the preservation of the general character of this unique area. I am also interested in seeing that adequate accommodation is made for places of worship to serve my community. I have attended some of the planning committee meetings and my impression is that they have drafted an unnecessarily restrictive ordinance. I have heard the arguments about how the light and traffic generated by churches and their patrons is disruptive to a neighborhood and necessitates huge buffer zones. I have also heard some rationale about harm to the environment. These arguments sound ingenuine and misdirected. I cannot think of a better neighbor than a church. I have also looked at some of the sites that will be affected by this ordinance and cannot see how those aforementioned arguments would be relevant to those properties. I am of the opinion that some reasonable compromises could easily be made that have not been seriously considered. Please find some position that is more helpful and welcoming to those who wish to serve the people of Lake Elmo. Sin erely Nate Sabin 8080 59th St. Lake Elmo 651-773-9498 9 Sur�pr AD 4-y�l `\--jI,,a Nag9 7' h,-v-,Ce "'i V� V"`-'�`C.� Y tci� �Y`�L- �i(A.✓J 1lG j(�Ci \4 &X-A� VVMC S \n 6-� FOUR SEASONS RESORT �� TO DATE TIME PM 0� FROAQ�.�g AREA CODE C-5) pF EXT. �> SIGN Eb PHONED ggCK CALL RETURNED� SEE YOU AGAIN ALL yyASIN URGENT AQ e +� � b i --®ro _ V r' .?.J�? `Iv Sy. F4, ALLowfaQ 4eAmp1e- ' 544h, loco people - Op Coo � DDT avo ggJ ooa coo S�i i�• ���5� i��OC7. iZ _ �, 19 �G rC � �f, F • Lo�e.r love = �, 1q +4cre F,� z^'ol AC-TVI F{ _ 3roQ O.a? 690 Sl Fl, ' MPfrviowt 1©U� Oov Sq��- �rr F/moo 2 qi)cr� F14VIZ splice Flvep Spa Az e C p r SENT BY:DPRA St.Paul, MN t-12-99 i 3:30AM ; 612 22V -522- 612 407 4131;# 2 i Planners concerned with wear co- source procecdon in urbanbing areas must deal -ich the advent Impacts of polluted runoff. impervious surface coverage is a quantifiable land -use in- dicator that comeintes closely with those impacts. Once the role and dis. tribudon of impervious coverage are understood, a udde range of strategies to mduca impervious surfatea.and „- t6ek impacts m water msoun pn be applied as community planning, site -level planning and design, and land use regulation. Those stmcesies rFhimmplemenc manly Current trends In planning, mning, and landscape do, ylgs: that go beyond water pollution 'ryr,.+:•:mntestec ea. address the quality of Gfe }"+ in a community. s... . rr•.7.;:,-Arnold is a Wamt Quality Educator, and Gibbons a Natural Resource Plan- .ning Eduatsar, at rht University of C,,nt d ut Cooperative Extension System. They am correctly principals .... is the NEMo Preleer, which uses geo- graphic infcnnation syso-m technol- ogy to educate munioipol land -use Tt+i, deaslon-maloets about nonpoint .source water pollution. , foomil of he Amorie0n Planning . A,,60a0. W I. 62, No, 2, Spring 1996. -American Pl• ning . 'Nsouatian, Chicago, IL. Impervious Surface Coverage The Emergence of a Key Environmental Indicator Chester L. Arnold, Jr. and C. James Gibbons mpervious land cover has long been characteristic of urban areas, but has only recently emerged as an environmental indicator. Natural re- source planning using impervious surface coverage as a framework can be a pragmatic and effecrive way of addressing a host of complex urban environmental issues, particularly those related co die health of water re- sources. Water resource protection at the local level is getting more compli- cated, largely due cc the recognition of nonpoint source pollution, or pol- luted runoff, as a major problem. This diffuse form of pollution, now the nation's leading threat to water quality (Environmental Protection Agency 1994), is derived from contaminants washed off the surface of the land by stormwater runoff, and carried either directly or indirectly into waterways or groundwater. As programs directed at nonpoint source con- trol cascade down from federal to $race to local governments, the techni- cal complexities involved wirh such control are further complicated by regulatory and management considerations. Scormwater runoff problems are nothing new to local land -use decision -makers. However, the principal concern about runoff has always been safety, with the focus on directing and draining water off of paved surfaces as quickly and efficiently as possible. Once off the road and out of sight, stormwater has been largely out of mind —downstream conse- quences be damned (or dammed). Regulations have been expanded in re- cent years to include consideration of flooding and erosion, yet these factors fall far short of a comprehensive and effective approach ca midgat- ing the water quality impacts of development. How do planners and ocher local officials get a handle on protecting their local water resources? While no magic bullet exists to simplify all the complexities involved, an indicator is emerging from the scientific literature, that appears to have all the earmarks of a useful tool for local planners —the amount of impervious, or impenetrable, surface. This ar- ticle reviews the scientific underpinning, usefulness, and practical appli- APAJODUNAL•SPYLENG 1996 243 SENT BY:DPRA St.Paul, MN ;-12-99 ; 9:30AM 612 227 5592 612 407 4191;#.3 CRE.srr:lt L. AP-NOLD, JR. AND C. JAMF$ rMBONS cation of impervious surface coverage as an urban environmental indicator. People, Pavement and Pollution Impervious surfaces can be defined as any material that prevents the infiltration of water into the soil. While roads and rooftops are the most prevalent and easily identi#ed types of impervious surface, other types includ sidewalks, patios, bedrock ourerops, and compacted soil. As development alters the natural landscape, the percentage of the land covered by im- pervious surfaces increases. Roofs and roads have been around for a long time, buc the ubiquitous and impervious pavement we take for granted today is a relatively recent phenomenon. A nationwide road census showed that in 1904, 93 per- cent of the roads in America were unpaved (South - worth and Ben -Joseph 1995). This changed with the nr ewarw�xuhheN he+ rauoPP 9=T" �' 7a DEEP n� Q O NIntTWhlaN 77 0°0 000 a °O 00 0, v. NATURAL GROUND COVER sn. EWO,T.N.N11.,,0. VD% KOO" OOOa,o °�O u:u�naN 0 0 G 0 0° 35-M % IMPERVIOUS SURFACE early twentieth century ascendancy of the automobile aver the railways, capped by the mid-century massive construction of the interstate highway system, which served to both stimulate and facilitate the growth of suburbia. From that point on, imperviousness became synonymous with human presence —to the point chat studies have shown that an areas's population density is correlated with its percentage of impervious cover • (Srankowski 1972). Impervious surfaces not only indicate urbaniza- rion, bur also are major contributors to the environ. mental impacts of urbanization. As the natural landscape is paved over, a chain of events is initiated that typically ends in degraded water resources. This chain begins with alteracions in the hydrologic cycle, the way that water is rransported and scored. These changes, depicted in figure 1, have long been understood by geologists and hydrologists. As hex e1W'6TN wlP raw 10.20 % IMPERVIOUS SURFACE ...,-,.,FIGURE 1. Water eyde changes associated with urbanization Source: Env;ronmend PmmrtiQn Agency 1993a APAIGURNa-SPAING 096 U° DOO p D°U � 00 0 Q of Op0 mn® iwkTw 75-100 % IMPERVIOUS SURFACE SENT BY:DPR.4 St.Paul, MN 4-12-33 ; 3:31AM ; 612 612 407 4191 4 A impervious coverage increases, the velocity and vol- ume of surface runoff increase, and there is a corre- sponding decrease in infiltration. The larger volume of runoff and the increased efficiency of water convey- ance through pipes, gutters, and artificially straight- ened channels result in increased severity of flooding, with storm flows chat are greater in volume and peak more rapidly than i4 the case in rural areas (Career 1961; Anderson 1968; Leopold 1968; Tourbier and Westmacoct 1981). The shift away from infiltration rr. duces groundwater recharge, lowering water cables. This. bath. threatens water supplies and reduces the groundwater contribution co scream flow, which can result in intermittent or dry stream beds during low How periods (Dunne and Leopold 1979; Harbor 1994). Hydrologic disruption gives rise to physical and ecological impacts. Enhanced runoff causes increased erosion from construction sites, downstream areas and scream banks. The increased volume of water and sediment, combined with the "flashiness" of these peak discharges, result in wider and straighter scream channels (Arnold, Boison, and Pacton 1982), Loss of tree cover leads to greater water temperature fluctua- tions, making the water warmer in the summer and colder in the winter (Galli 1991). There is substantial loss of bock screamside (riparian) habitat through ero- sion, and in -scream habitat as the varied natural stream bed of pebbles, rock ledges, and deep pools is covered by a uniform blanket of eroded sand and silt (Schueler 1992). Engineered responses to flooding like stream' diversion, channelization, damming, and pip- ing further destroy scream beds and related habitats like ponds and wetlands. Finally, with more intensive land uses comes a corresponding increase in the gener- arion of pollutants. Increased runoff serves to crans- porr these pollutants directly into waterways, creating nonpoint source pollution, or polluted runoff. Major categories ofnonpoint source pollutants in - dude pathogens (disease -causing microorganisms), nutrients, roxic contaminants, and debris. Pathogen eontaininarion indicates possible health hazards, re- u'. d r 'salting inosed beaches and shellfish beds. Over- abundance of nutrients such as nitrogen and phosphorous can threaten well water supplies, and in surface waters can lead co algal "blooms" chat, upon ..decaying, rob the waters of life -sustaining oxygen d Toxic contaminants like heavy metals and pesticides pose threats to the health of aquatic organisms and their human consumers, and are often persistent in the environment. Debris, particularly plastic, can be hazardous co..animal and human alike, and is an aes- thetic concern. Sediment is also a major nonpoint source pollutant, both for its effects on aquatic ecol- ogy and because of the fact that many of the other pollutants tend to adhere to eroded soil particles (En- vironmental Protection Agency 1992, 1993a). The results of polluted runoff are evident in every corner of the United States. According to the Environ- mental Protection Agency (1994), nonpoinr source pollution is now the number one cause ofwater qual- ity impairment in the United States, accounting for the pollution of about 4096 of all waters sur- vcyed across the nation. The effects of nonpoint source pollution on coastal waters and their living re- sources have been of particular concern (U.S. House of Representatives 1988; Environmental Protection Agency 1993a). Urban runoff alone ranks as the see- ona-most common source of water pollution for lakes and estuaries nationwide, and the third most common source for rivers (Environmental Protection Agency 1994). As point source pollution is increasingly brought under control, the true impact of urban nonpoint source pollution is being recognized. For instance, even in an urbanized estuary like Long island Sound, where the major environmental problems have been strongly linked to point source discharges from sewage treatment plants, an estimated 47% of the pathogen contamination is from urban runoff (Long Island Sound Study 1994)• Imperviousness as an Environmental Indicator Planners wishing to protect their community's wa- ter resources against these threats may not know where to begin. The site -specific and diffuse nature of polluted runoff seems co demand extensive technical information on pollutant loadings, hydrologic model- ing, and the effectiveness of various management practices. This information is difficult co acquire, nor only because of the cost of such studies, but because nonpoint-source-related research and engineering are new and evolving fields. Enter impervious surfaces. When doing eorununity-level planning, or where derailed sire in- formation is unavailable, impervious coverage may of- ten be the most feasible and cost-effective vehicle for addressing water pollurion. TWo major factors argue for its potential utility to the local planner. First, imperviousness is integrative. As such, it can estimate or predict cumulative water resource impacts without regard to specific factors, helping to cur through much of the intimidating complexity sur- rounding nonpoint source pollution. Although imper- vious surfaces do not generate pollution, they: (1) are a critical contributor to the hydrologic changes chat degrade waterways; (2) are a major component of the APAIOURNAL•S"'Na 1996 245 SENT BY:DPRA St.Paul, MN ; 4:_12-33 ; 9:31AM 612 227 592- 612 407 41914 5 CHESTER L. ARNOLD, JR. AND C. JAMES GIBBONS intensive land uses that do generate pollution; (3) pre- vent natural pollutant processing in the soil by pre- vencing percolation; and (4) serve as an efficientconveyance system transporting pollutants into the waterways. It is not surprising, then, that research from the past 15 years consistently shows a strong cor- relation between the imperviousness of a drainage ba- sin and the Acalth of its receiving scream (I4ein 1979; Griffin 198o; Schueler 1987; Todd 1989; Schueler 1992; Hooch and Reinfelc 1993; Schueler 1994a)- Figure 2 is a stylized graph of this general rela- tionship, showing stream health decreasing with in. creasing impervious coverage of the watershed, or drainage basin, of the stream The horizontal lines mark average threshold values of imperviousncss at which degradation first occurs (10%), and at which degradation becomes so severe as to become almost unavoidable (30%). These thresholds serve to create three broad categories of stream health, which ran be roughly characterized as "protected" (less than 10%)i "impacted" (10%-30%), and "degraded" (over 30%). Thresholds are always controversial and subject to change, yecit is important to note char to date, the threshold of initial degradation in particular seems to be remarkably consistent. The scientific literature in. cludes studies evaluating scream health using many different criteria-polluaanc loads, habitat quality, aquatic species diversity and abundance, and other furors. In a recent review of these studies, Schueler (1994a) concludes chic "This research, conducted in many geographic areas, concentrating on many dif- ferent variables, and employing widely differentc meth- ods, has yielded a surprisingly similar conclusion - scream degradation occurs at relatively low levels of imperviousness (10-20%)" (100). Recent studies alsr+ suggest chat this threshold applies to wetlands health. Hicks (1995) found a well-defined inverse relationship between freshwater wetland habitat quality and im pervious surface area, with wetlands suffering impair• ment once the imperviousness of their local drainng- basin exceeded 10%. Impervious coverage, then, k both a reliable and integrative indicator of the impact of development on water resources. The second factor in favor of the use of impervi ousness is that it is measurable- This enhances its uril ity both in planning and regulatory applirarions. (Examples follow in a later section.) Depending on rl it - size of the area being considered and the parriculw application being applied, a wide range of Tech niques-with a wide range of price tags -exists for rhr measurement of impervious coverage. For site level applications, on -site measurement FIGURE 2. Stylized relationship of imperviousness co stream health Modified (mm Schueler 1992 245 APA JOURNAL • SPRING 1996 SENT BY:DPRA St.Paul, MN 4-12-33 ; 9:32AM 612 227 612 407 41914 8 using surveying equipment (sometimes as basic as a tape measure) is the most accurate and appropriate method. On the neighborhood level, "windshield" sur- veys may be appropriate where it is less important to have exact numbers. For community- or regional -scale areas, land cover derived from aerial photographs pro- vide; perhaps the best compromise between accuracy and cose. Finally, for Ippliracions encompassing even larger areas, remotely -sensed satellite -based land cover can be a viable option. At present impervious esd- maces based on satellite data must be calculated by applying literature values of imperviousness co sarel- lice land cover categories. We are currently involved with a remote ;easing research project at the Univer- siry of Connecticut that is attempting to devise a method for directly estimating imperviousness from satellite images (Civco and Arnold 1994). It is important to nore that all of these methods of measurement are increasingly being digitized and presented in the form of computerized maps in a geo. graphic information system, or GIS. This trend even- tually will make the information easier to acquire, often at lower expense. Many communities have been w 26 e nn V p Y E R 100 90 so 70 60 50 40 30 20 l0 112 113 unable to afford GIS, and others have been disillu- sioned at its cost and complexity once they invested in ir. Evolution of the technology, however, is making GIS more accessible to local officials every day. The Components of Irmperviouaness To measure and use impervious coverage as a tool for prorecting water resources, it is necessary to know how imperviousness is distributed about the land- scape. On aseale of increasing refinement, impervious .coverage can be broken down by land use, by function within each land use, and by its relative impact on run- o1W, Each of these pieces of the puzzle can help to tar- get planning and/or regulatory approaches to reducing impervious coverage. As with measurement techniques, the extent to Which planners need derailed information on these components depends on the particular application.. The percentage of land covered by impervious sur- faces varies significantly with land use. The most fie- quently cited estimates come from a report by the Sail Conservation Service (1975) (figure 3). "Scrip' type 114 1/N AnWendal Lot Size (acres) 3. Avenge percenrige of impervious mvenge by land use Soil Conservation Service 1975 APAJoUMAL'SPWNG1996 747 SENT BY:DPRA St.Paul, MN ; 4-12-83 ; 9:32AM ; 612 227 5522 612 407 4191;# CHES'TER L. ARNOLD, JR. AND C. JAMeLs CiiBBONS commercial development tops the chart at around 95% coverage, with other business areas and industrial development lagging slightly behind. In residencial areas, there is a wide range of imperviousness that var- ies predictably with lot size, going from about 20% in one -acre zoning to as high as 65% in one -eighth -acre zoning. The CitW of Olympia, Washington, recently con- dueteci a thorough study of impervious coverage in their area. For 11 sites measured, they found coverage values similar to the SCS values, finding four high - density residential developments (3-7 units/acre) to average 40% impervious, four multifamily develop- ments (7-30 units/acre) to average 48% impervious, and three commercial/industrial sicrs to average 86% impervious coverage (City of Olympia 1995) (table 1). In addition to the relationship between land use and the total amount of impervious coverage, studies show char all land uses are not equal with regard to the levels of contaminants present in the runoff. As noted, pollutant or land -use -specific studies are rela- cively new ro the scientific community, buc exischit! it formation supports the common-sense assumla t, . that some land uses are more contaminating than i ,i I ers; for instance, runoff from gasoline stations tains extremely high levels of hydrocarbons and metals (Schueler 1994b). Recent research from Wisconsin goes one nt,il step further, actually determining the pollutant ,.•• cenrrations from specific categories of imperviott:, Fares. Using micro -monitoring samplers that cnI1NI 1. the runoff from 12 different types of surfaces (r roofs, streets, parking lots, lawns, driveways) iu i, dential, commercial, and industrial areas, Bannrrn. et al. (1993) were able to show distinct different,". . the types and amounts of certain pollutants. .I. pending on the source of the runoff. The study tir.n. identified streets as the impervious surfaces ha, it the highest pollutant loads for most land -use raw , ties (table 2). Roofs, with the exception of r1w . , from industrial roofs, were generally low in pollui., loads, while parking lots had surprisingly mod. t.. TABLE 1. Ste coverage for three land uses in Olympia, Washington Average Approximate Site Coverage, % High Density Multifamily Res;dendal (7-30 units/ Surface Coverage Type (3-7 uoits/acre) acre) Comn�� i 1. Streets 16 11 u . 2. Sidewalks 03 05 3. Parking/driveways 06 15 4. Roofs is 17 S. Lawns/landscaping 54 19 6. open space n/a 34 Total impervious surface (1-4) 40 48 ., -Road-related impervious surface (1-3) 25 31 ,d (Road -related al a percentage of total , Impervious coverage) (63%) (65%) (/tr• Adtpod fimrr GryofolbmJna 1995 TABLE 2. Surfaces exhibiting highest levels of runof66orne pollutants, out of twelve surface types sampled in selected it. I ,. ertsas in Wisconsin POLLUTANT SURFACE Highest levels Second highest levels Third highest I, „ I -• e. tali (pathogens) solids (sediment) total phosphorous zinc cadmium ..:'_copper Adyud fiv $65 1994d �� �,; , 248 APA JnURNAL•SPRING 199fi residential feeder streets industrial collector streets residential lawns industrial roofs industrial eollect:orstreem industrial collector streets residential collector streets industrial arterial streets industrial collector streets industrial arterial streets industrial arterial streets industrial arterial streets residential lawns residential feeder ,n '., residential Feeder sin•• , commercial arterial •.I„ . commercial arterial •a.. residential collecnui J,- SENT BY:DPRA St. Paul, MN 4-12-99 ; 9:33AM ; 612 612 407 41914 8 levels of pollutants- The one unpaved surface moni- toyed, residential lawns, showed high levels of phos- yphotons presumably from lawn and garden fertilizers. tAs this study is augmented by Others over time, rch- able relationships between pollutant loads and spe- cific landscape components will undoubtedly emerge, Impervious cover can be further broken down into functional components, Schueler (1994a) and oth- ors point out the two major categories of impervious • aurface:'rooftops, and the transport system (roads, parking lots, driveways, sidewalks). In general, the transport system is the,dotninant component, rein- forcing the concept of an auiomobile-cenrric society. In the Olympia study, for instance, the transportation component ranged from 63% for single-family residen- t' tial development to 70% for commercial development i (City of Olympia 1995) (table 1). t One last refinement of the impervious component is its relationship in the landscape to surrounding d' areas, in the sense of how much of the rainfall onto a given surface is actually conveyed to a scream or smrmwacer eollectioa system. In general, the rooftop } component, which often drains to a lawn or Ocher per- mcable areas, has less impact than roadways, which typically channel runoff directly to the stormwarer tysccm- The Olympia study (1994b) calls this factor file effectiveness at producing runoff, and estimates im- pervious areas in low -density residential develop - Merits to be about 40% effective, while those in '.commercial/industrial areas are dose to 100% effec- rive. In theory.this.concept could be applied to all sur- Ki -faces-lawns themselves, for instance, can have a ,::significant coefficient of runoff —but co our knowl- `:pdge this level of refinement has not beetl.researched, por is it generally, needed for most applications, perviousness in Planning: A .mework,-Some Examples 3y considering the : distribution of impervious r by, Luid tie, fun;;don; and contribution to run- aerazegiaa,begin to emerge for the reduction of current and future levels oFimperviousness, We ;est chat these saatelpes can be grouped into three categories: community or regional planning, hbothood and site planning, and regulation, Each gory presents, opportunities torevisit the rraesu quo t an eye to water resource protection- Following are e general concepts and specific examples,of such ,hug ac.the Community or Regional,Lewl uiil use planning, even at the town level, need e based an traditional polirical boundaries. In- ereasingly, environmental and natural resource profes- sionals recommend planning based on the organization of natural systems (Environmental Pro- recrion Agency 1993c). Ecosystems as an organiza- tional unit have been suggested, but the functional definition of an ecosystem remains elusive. A more promising trend has, been toward using watersheds as planning units (Environmental Protec- donAgency 1993b). A watershed, or drainage basin, is an area that drains to a common body of water, be it a Like, river, scream, aquifer, or bay. Watersheds have an advantage in that they can be clearly defined as geo- graphic units. In addition, the watershed can be used as a system of organization ac any number of scales, from a major basin encompassing several states, to a regional basin involving several municipalities, to a local sub -basin on the neighborhood level. Thinking in, terms of watersheds is particularly ap- propriate for scormwacer management, which, after allis all about drainage. At the University of Connect- ieuc, we have developed a regional/community-level planning approach char provides an example of the use of both watersheds and impervious coverage, The Nonpoinc Education for Municipal Officials (NEMO) project was initiated in 1991 to assist communities in dealing with the complexities of polluted runoff man- agemenc (Arnold et aL 1993). The project, funded by the United Scares Department of Agriculture's Coop- erative State Research, Education and Extension Ser- vice, is run by an interdisciplinary tears chat includes water quality, natural resource planning, and com- purer technology expertise, NEMO uses geographic information system (GIS) technology as a cool to edu- cate local land -use decision -makers about the links be- tween their rown's land use and its water quality. Natural resource information an waterways and wa- tersheds is combined with satellite -derived, land -cover information, and then displayed on.colorful maps cre- ated with the GIS. At the heart of NEMO is an analysis of impervious cover, Literature values for the percentage of impervi- ous cover axe applied to satellite land -cover categories to come up with rough estimates for the current level of imperviousness within a rown or watershed. These values are averaged and displayed by local drainage ba- sin (average. area about one square mile) and carego- rized according to the protected/impacced/degraded scale of increasing impervious cover previously de- scribed and shown in figure 2. The current values are then contrasted with a zoning -based, build -out analy- sis of imperviousness, again displayed by local sub- basln (figure 4). The build -out allows town officials a look into the possible future of their town, not in con- ventional terms of population or lot coverage, buc in ppnjCWlLNLL'SPRING 1996 249 SEMI' BY:DPRA SS.Paul, MN ; 4-12-33 i 9:33AM 612 227 5522 CplEMR 4 ARNOLD, JR. AND C. JAM IBBONS 1 , 612 407 4191t# 9 Existing levels bated on satellite land cm r Paomt Impervious Om 14.9°.6 Q Local Basins 9356 tc 29.9% CJ Open Watts ® Greater than 3056 FIGURE 4. Impervious coverage analysis fur Old Saybrook, CT terms of impervious cover —and by inference, the health of their local water resources. The results of the impervious surface analysis can be used to help guide planning emphasis within each local basin area. For areas in the lower impervious zone, emphasis should be placed on preventive mea- sures that retain existing natural syscems, using tech- niques like open space planning and stream buffers. For areas that are in, or will be in, the `impacted" (10- 30%) zone, preventive planning should be accompa- nied by a focus on site design considerations that reduce runoff and imperviousness. Finally, for areas at (or climbing into) the "degraded" (over 30%) zone, the focus shifts ro remediation, through pollutant miriga- rion and resource restoration. NEMO is one example of the use of impervi- ousness for broad -based community or regional water resource planning. Similar approaches are beginning to spring up around the country. Schueler (1994a) rcc- ommends watershed -based zoning chat "is based on the premise chat impervious cover is a superior mea- sure to gauge the impacts of growth, compared to population density, dwelling units or other facmrs," In Alpine Township, Michigan, conccrn about the ef- fects of urbanization on a formerly pcoduccive cold. 250 APAIOUMAL-SPRING 1996 Prolectod k%vis beoW =zee g build -out analysis 1 a t Nfilc. water trout fishery has prompted researchers fn„, Grand Valley State Universiry to design a wacerslm,l based GIS decision support system for local land.,,.. authorities (Frye and Denning 1995). The xyst, 1,: makes use of a number of ihydrulogic and land -use L,- tors, including impervious surface estimates and , ing-based build-oucanalyses. In Montgomery Count, Maryland, a derailed planning study was done co 1„t mulate a land -use strategy to protect the wares t, sources of chc Paint Branch stream (Montgonw. County MD 1995). The study both measures and pi,,t ects future impervious surface coverage by subwm, t shed basin, and uses this information cc help guide- i t . recommendations for protective actions. Each of these efforts contains the elements of im pervious cover, subbasin-level analysis, and build -„tit projections. An even more comprehensive ctearmcm r chat undertaken by the City of Olympia, Washingi, m During 1993 and 1994, Olympia conducted their last pervious Surface Reduction Study (ISRS), from whi. I, information is cited repeatedly in this paper. The 1SI4:. Final Report (Gry of Olympia 1995) contains an in, pressive and comprehensive body of research, poll„ analysis, and build -out scenarios, culminating in P- specific acrion recommendadons. The study mncludr•. SENT BY:DPRA St -Paul, MN 4",4-12-99 ; 9t34AM ; 612 227 5522 612 407 4131410 (F •RvtOUS SUItY'Alr UUvnxwt,t that "a 20% reduction [in future impervious cover[ 1, .1 feasible and practical goal for Olympia and will 1+,a require excepri anal changes in the Olympia com- munity.' The recommended reduction is equal to ap- +.+simarely 600 fewer acres of impervious coverage I,v rile year 2012. Planners wishing to see an example d' a comprehensive approach to reducing impervi- ..ttsness would do well to read the Olympia ISRS Wl+orr. 14 As with other natural resource protection efforts, ,n+musucy and watershed -level planning approaches Itkv these are often the most effective way of achieving 4ults• Addressing the issue at this scale provides an ..vvrall perspective and rationale for the design and `ulatory tools described in the following sections. dire -level considerarions are then based not only on i Ire immediate impacts of a given development on the 1„cal scream or pond, but also on the site's incremen- tal contribution to the pollution (or protection) of a Luger -scale water body or a4uifer. Review of site de- sign and stormwarer management plans, for instance, can be checked for consistency with goals for the ap- propriate watershed., Providing this broad context has the added benefit ,,rollowing for greater flexibility at the site level. Plan- ners can evaluate individual factors like a site's loca- tion within the watershed, irs land use, and the relative priority of the receiving stream as they relate to the overall plan, rather than applying a rigid and tmiform sec of requirements to all parcels - Site -level Planning Site planning is perhaps the leaso•exploved ap- proach to reducing water pollution. Kendig (1980) scares that "good design begins with an analysis of the natural and environmental assets and liabilities of a ,site," and chat these factors should be the determi- nants of development patterns. Applying this prin- ciple co water resource protection. translates to maintaining the natural hydrologic function of a site, through retaining natural contours and vegetarion to the maximum extent possible. Consideration of im- pervious surface is a key element of this overall scrat- egy, extending to all sire -level considerations. These Include construction practices, design that reduces im- perviousness, and design, that. includes measures to mitigate the effects of the runoff frotrl impervious areas. Construction activity itself usually creates imper- vious surface, severely compacting earth with heavy machinery. Although erosion control practices may re- quire procedures for limiting Elie area of exposed soil and how long it remains exposed, chat requirement does not necessarily minimize the amount of com- pacred soil. Construction should be sequenced with this goal in mind, and it may be necessary lazer to loosen compacted areas and/or cover them with addi- cianal pervious materials (Crawl 1995). From construction, we move to reduction. For vir. tually all land uses, one of the best design -related op- portunities for reducing imperviousness is through the reduction of road widrhs. As has been seen, roads both constitute a major fraction of a community's im- pervious coverage, and tend to produce the most pollutant -laden runoff. The long-established concept of road hierarchies, which relates road size to the intensity of use, has many positive aspects beyond water quality, among them cost reductions and aesthetic are efits, Yet t article Southworch and Ben Joseph (1995), in on the history of residential srreec design, found that, for a variety of historical and institutional reasons, road hierarchies are often overlooked by local planners and commissions. The authors conclude that an over- errcphasis on traffic control has resulted in a "rigid, over -engineered approach ... deeply embedded in en- gineering and design practice." Simple math dictates that for a given length of subdivision road, reduction From a typical 32-foot to a 20-foot width results in a 37,S% reduction in pavement, or over 63,000 square feet (about one and one-half acres) per linear mile. The Olympia study estimated that changing the width of local access roads from 32 to 20 feet would result in an overall 6% reduction in imperviousness for a given development sire in their region, that is, six acres less street pavement for a typical 100-acre subdivision (City of Olympia 1994b). Road surface reduction is a primary reason why clustering is the most pavement -stingy residential de- sign. Large -lot subdivisions, which have long been rec- ognized as being antithetical to most conservation goals (Arendt 1994a, t994b) generally create more im- pervious surface and greater water resource impacts than duster-srylc housing does, This is true even though the large lots may have less impervious cover- age per loc, because the attenuated design requires longer roads, driveways, and sidewalks, which make the overall subdivision parcel more impervious (figure 5), Schueler (1994c) states that cluster development can reduce site imperviousness by 10-50%, depending. on lot size and the road network. In commercial and industrial zones, the focus of design-relared reductions in imperviousness shifts to parking areas, the largest component of impervious cover (table 1). Research has shown oversupply of parking co be the rule. Willson (1995), citing his re- search and that of many others, found that the "golden rule" of 4.0 parking spaces per 1,000 square APAI0UWgAL-5PR1Na 1996 251 SENT BY:DPRA St.Paul, MN L. C. 12-39 ; 9:35AM 612 227 5y522-^ 612 407 413141-1 e0a CLUSTER 6U31?1V1510N s .� Site area = 20 scree 1/4 acre late Density =1.45 DU/Acro Total impervioua 6urfacii = 10.7% (2.14 acres) Lz* imperviouo aurfaoo = 14% Deslgnated open apace = 10 acres Read length = 2.127 feet (2Z width) FIGURE S. Clustering reduces overall site imperviousness. Saatra; John Alesopaulos, University of Connecticut feet of office floor space is often almost twice what is actually needed. Using a generic, medium-sized office building as a hypothetical example, he shows chat a typical parking supply ratio of 3.8 results in an extra 55,000 square feet of parking lot, compared to using a more factually -based ratio of 2.5. The City of Olympia found not only parking over. supply, with vacancy races of 60-70%, buc also devel. opers consistently building parking above minimum ratios, with 51% more parking spaces at their 15 survey sites Chan were required by zoning (City of Olympia 1994e). This agrees with our observation char, at least in Connecticut, overbuilding of parking appears co be a recent trend with "big box" retail score developers, who typically require at least 5 spaces per 1,000 square feet, principally to meet peak demands on weekends and during the busy period from Thanksgiving to Christmas. Reductions in parking -related impervious cover- APA JOURNAL- SPRING 1996 STANDARD SU13DIV15ION Site area = 20 acres 1/2 acre loe5 Density _ 1.45 DU/Acro Total Impervious surface - 17.5% (3.5 acres) Lot lmpeMoue surface=13,71: Deolgnated open space = 2.6 acres Road length = 2+390 feet (W width) age can be acraincd in ways other than adjusring pn rk ing supply ratios. Shoop (1995) suggests that parkin}; can be reduced through economic incentives char rt feccively end the subsidy provided by employer-poi.l parking. Employee commuter option programs, man dated by the Clean Air Act Amendments of 1990 in areas of "severe nonatrainmene for ozone standar.l,.. hold some promise for reducing parking demand. I'I i. Olympia study (City of Olympia 1994d) coaduth,l that sharing, joining, or coordinating parking facilil ie- . can reduce parking significandy, Finally, verrical goi ages (above or below ground) can be encouraged, al though rhis alternative can be expensive. Many ..I these strategies were recently combined in an innov.j tive office park design in Lacey, Washington, where 11 . new 360,000-square-foot headquarters of the state Du partment of Ecology was designed around a "parkir.q, diet" chat slashed parking spaces from 1500 to 7.w (Uncermann 1995). SENT BY:DPRA St.Paul, MN 4-12-39 3:35AM 612 227,.5522 612 407 4191412 tVIOUS SURFACE COI Imperviousness also has a role in design related to mitigation of polluted runoff. "Best management practices" (BMPs) is the most commonly -used term to describe the wide range of an -sire options available cc manage stormwater runoff. BMPS are often divided inw two major types those involving structures such as stormwater detention ponds or infiltration wenches, and "nonstructural" practices that usually involve use of vegetated areas to buffer, direct, and otherwise break up the sea of asphalt, Maintenance measures like road sand sweeping and storm drain cleaning are also included. It is not within the scope of this article to give a thorough discussion of these practices; choosing the correct assemblage is a combination of tit and science, and involves many considerations. From the stand- point of imperviousness, however, BMPs can be viewed in terms of how well they replicate the natural hydrological functioning of the site. This perspective puts a premium on restoring infiltration, which has been suggested by Ferguson (1994) and others to be highly preferable to surface detention. Emphasizing infiltration and nonscrucrural solu- tions often comes into conflict with established devel- opment practices. Curbing is a goad example. Just as Southworch and Ben -Joseph (1995) found the over, engineering of road widths to be ingrained in local practice, our experience has been that to many town engineers, the necessity of curbing is a given. Safety and structural integrity of the road arc often given as reasons for curbing, above and beyond its drainage function. Highway engineers in our state, however, have told as that the sole purpose of curbing is to di- rect stormwater, and even their, is is only truly needed during the unstable construction phase (Connecticut Department of Transportation 1995). In many cases, :^ more pervious alternarives to directing runoff should be investigated- Grassy swales, for insamcc, might be constructed in the margin created when existing right- of-way widths are retained while road widths are re- r. dueed- .; Mitigating the impacts of polluted runoff in the "ultra -urban" inner city environment is a particularly thorny issue; Regional approaches like the Olympia ISRS may target these areas for increased impervious •cover (City of Olympia 1994a). Growth policies that encourage urban "infilling" may,resulc in higher inner- ; dry imperviousness in order co reduce sprawl and hl overall imperviousness, region -wide. In. effect, this is "clustering' on a regional scale. l :;,•::; Nonetheless, even, for these seemingly intractable 1 ,.areas, usingimperviousness as a planning framework " ,,i'ean be useful., Usually, this involves linking the reduc- rion of impervious surfaces to complementary urban initiatives. Parking is one example. Excess parking can be attacked from many angles ocher than water qual- ity, including air quality, traffic congestion, promotion of sprawl, and inefficient use of building lots. A park- ing reduction initiative could be combined with a plan to use the recouped paved area either for active starmwater treatment (infiltration basins, detention ponds) or for mare modest stormwater management (vegetated strips). Such a strategy could be combined with the creation of `vest packet" parks and other green spaces, shown by urban forestry research as hav- ing positive sociological and psychological effects on city dwellers (Gobster 1992; Schroeder and Lewis 1992). Research an the pollutant -processing capability of various types of vegetation suggests a slight twist on parking loc design that may reap large benefits in wa- ter quality for urban areas. Parking lots often incorpo- rate landscaped areas, usually in raised beds surrounded by asphalt curbing, However, these vege- rated areas can be planted below the level of the park- ing surface, serving as infiltration and treatment areas for runoff (Bitter and Bowers 1994) (figure 6). This idea can be extended to other areas where vegetated "islands" are traditionally used, such as in the middle of cul-de-sac circles, Another consideration for urbanized areas is per- vious alternatives m pavement. This includes various mixes of asphalt with larger pore spaces (e.g., "pop- corn" mix), and alternative systems such as open - framework concrete pavers filled with sand or gravel, or turf reinforced with plastic rings. These systems can become clogged with sediment, particularly during construction, but are often a suitable alternative in low traffic areas like emergency roads, driveways, and overflow parking areas. Cahill (1994) asserts that, con- trary to common belief, pervious pavement can be used successfully in many places if certain siting, con- struction, and maintenance practices are followed; for instance, he recommends vacuum cleaning at least twice per year. Granular surfacings are being pro- mored by some landscape archirecrs as attractive, inex- pensive, and more aesthetically -pleasing alternatives to paved pathways and trails (Sorvig 1995). One last important note about reducing impervi- ousness through planning and design —it can save money. Savings to both the private and public sectors in reduced construction and infrastructure costs can be considerable. For instance, a recent study done far the Delaware Estuary Program compared the impacts on twelve communities in the watershed, over a 25- year horizon, of a continuation ofcurrent "sprawl" de- velopmenc patterns versus the Program -recommended pattern of promoting mixed uses, open space, and APAJOURNAL•SPRINQ 1996 253 SENT BYTPRA SI.Paul, MN ?-99 ; 9:36AM ; 612 227 5�` 612 407 4191;#13 &BS•= L. ARNOLD, JR. AND C. JAMPS GIBBONS FIGURE 6. Sunken vegetated parking lot "islands- into pr and ueyr runaflf Sauna: John Alevopoulos, University of Connecticut growth around existing centers. They concluded that for these communities, the less consumptive pattern resulted in savings of $28.8 million in local road costs, $9.1 million in annual wacer treatment costs, $8.3 mil- lion in annual sewer treatment costs, as well as an 8.4% reduction in overall housing costs, and a 6.9% savings in annual costs of local public -sector services (Bur- chell, Dolphin, and Moskowitz 1995). The Use of Imperviousness for Regulation Planning approaches at the community and site level can be complemented with specific applications that give regulatory teeth to planning objectives. To .begin with, planners can revisit their current zoning and subdivision requirements with an eye to impervi- ousness. For instance, many lot coverage limits, partic- ularly for residential uses, refer to rooftops but do nor include parking space, sidewalks, and driveway cov- erage. Impervious cover lends irself well to zoning that uses performance standards. In fact, Kendig (1980) de- fines performance zoning as char which regulates de- vclopment an the basis of four fundamental measures of land -use intensity, one of which is the impervious surface ratio. JaiFe (1993), in a critical assessment of performance -based zoning, concludes that "Kendig's recreational and impervious surface ratios are espe- 2$4 APAJOURNAL•SPR7NG J996 cially cffecrive in achieving local environmental object rives for stormwacer management and groundwater recharge." Performance zoning has the added effect of encouraging mixed uses, which generally result in less impervious coverage and less pollution, by reducing roads and vehicle traffic. Community -wide applications encompassing large areas with varied land use will require sliding scales of impervious coverage limits that depend an the location, size, and type of use. Such standards have been in place in some Florida communities for almost a decade (American Planning Association Zoning News I989), More recently, ordinances limiting imper- vious cover have been enacted in Austin and San Anto- nio, Texas, driven by concern about pollution of the area's major drinking water aquifer (City of Austin 1992; City of San Antonio 1995). In instances where protection of a particularly im- portant resource is desired, strict limits on impervious coverage may be imposed. Such is the case in Bruns- wick, Maine, where a "coastal protection" zone was created for areas draining to Maquoic Bay, sire of shell- fish beds critically important to the town. The special zone has certain stringent performance standards, among them a maximum impervious -surface loc cov- erage of 5%. This coverage includes '.. , buildings, roads, driveways, parking areas, parics, and other sirni- SENT BY:DPRA St -Paul, MN '4-12-99 ; 3:36AM 612 22f 9522 612 407 4191414 ...v n[Iq gURFACE COVERAGE 4u surfaces" (Town of Brunswick 1991). In this case, the very low impervious limit was feasible because the total area affected was fairly small, the use was largely residential, and the specific pollutant of concern was nitrogen emanating from septic systems, resulting in zoning that called for a minimum lot size of one unit per five acres. This "down -zoning" approach, which has also been used � the Buttermilk Bay area in Mas- sachusetts (Horsley and Witten 1991), is practicable for small areas with septic -related concerns, but if ap- plied over large areas, can lead in the long run to pro- motion of sprawl. Strict limits may be appropriate, yet in practice they can result in the peed for cam plicared exemption provisions, or even raise the specter of private prop- ercy rights takings (Land Use Law and Zoning Digest 1995; Ross 1995; settle Washburn, and Wolfe 1995). One method for "softening" the concept of limits is to allow for flexibility on the site level. In this scenario, an ordinance setting a limit (or goal) for a site's imper- vious coverage would require more stringent on -sire stormwarer treatment when the limit is exceeded. This type of approach will undoubtedly become more com- mon as the information base on removal efficiencies of various treatment measures expands. Another type of flexibility, comes from applying performance Stan- dards to specific elements of imperviousness within the landscape. In their discussion of next steps, the Olympia study (City Of Olympia 1995) cites the devel- opment of performance -based standards for side- walks, parking, and landscaping "to encourage innovation and provide flexibility in meeting impervi- ous surface reduction goals." One practical regulatory application of impervi- ous coverage is for smrmwater utility assessment, an "impact fee" that is growing in use in, urban areas of the country as a way of paying for the treatment and control of polluted runoff. Impervious surface has long been a key determinant iri mathematical models that.predict the volume of runoff from a given piece of land. Scormwater ucilicy assessments have taken the lead from these models in using imperviousness as a basis for a utility race structure chat fairly distributes the cost of treatment according to a property s contri- bution to runoff. Such systems are now in place in many areas, in- cluding Kansas City, Missouri; Kicsip County, Wash- ington; and throughout the state of Florida. This type of application requires a community -wide assessment of impervious coverage, and a wide range of tech- niques is being used. In Kansas City, race structures are based on digitized high -resolution orthorecrified aerial photos (Murphy 1995), while in Florida they are based on statistical surveys of area lots (Livingston 1995). The Kitsap County, Washington, Comprehen- sive surface and Stormwater• Management Program, esublished in 1994, creates a rare structure based on an "equivalent service unit" equal to the average esti- maced amount of impervious surface area on a single- family residential parcel (Kicsap County 1994). Such programs not only raise Funds far mitigation of adverse impacts, but also, by attaching a cost to im- perviousness, provide an economic incentive to reduce it. Apparently, this effect is beginning to be seen in Florida, where the cost savings associated with lower stcrmwater utility fees have provided the impetus for reduction of impervious cover during site redevelop- ment (Livingston 1995). Integrating Storm.Water Control into Community Planting The strategies described above demonstrate chat for the planner, imperviousness can provide a useful framework for addressing the impacts of urbanization on water resources. But the advantage of this approach goes beyond any specific application. We have found that working with a town on water resource protection often leads to related natural resource issues like open space preservation and forest management. Our re- cent experience with NEMO has taught us that fram- ing water issues largely in terms of imperviousness serves to expand the range of these connections. Once water pollution is linked to impervious cov- erage and its various components, is has a way of in- sinuacing itself into issues currently "on the table" in town. Road widths and curbing may be subjects of town debate about cost or neighborhood character. Parking and landscaping requirements for commercial zones may be undergoing reexamination for aesthetic reasons. The appropriateness of "big box" retailers may be a hot topic, with arguments centered around traffic congestion and the impact on local merchants. An open space plan may be in the formative stages, or the use of stream buffers being questioned. Citizens may be interested in naturalistic landscaping, water conservation, or volunteer monitoring of local water- ways. These typical local debates, drawn from towns working with the NEMO Project, now have elements of water quality and impervious surface reduction as part of the mix. And through these debates, the sub- jecc of water quality in the community is extended be- yond land -use -related staff and boards co include engineering and public works departments, land trusts and other nonprofits, and citizens. Cross connections of this type are an important key co ensuring the implementation of any planning initiative. For the professional planner, they create APA JOURNAL -SPRING 1996 255 SENT BY:DPRA St. Paul, MN ; 4---72-39 ; 3:37AM ; 612 227 612 407 4191415 opportunities to reinforce complementary planning concepts from several different angles. Beyond the well -established concept of planning and designing with nature (McHarg 1969), there are many relatively recent themes in transportation, subdivision design, and landscape architecture that go hand -in -glove with the reduction of impervious surfaces. Performance zoning is one ckample. Another is neoumclitional resi- dential design, which champions styles of develop- ment patterned after the traditional New England village in order to foster a sense ofcommunity (Duany and Placer-Zyberk 1991). The open space subdivision designs promoted by Arendt (1994b) for land conser- vation are also a good fie. On another front, residential street layouts promoting "traffic calming" for a variety of safety, aescherie, and sociological benefits (Hoyle 1995; Ben -Joseph 1995) could easily incorporate pave- ment reduction. Landscape architects are calling for more naturalistic schemes that follow the natural con- tours and make use of low -maintenance, drought - resistant plants (Ash 1995). Planners should seize the opportunity cc "piggyback' water quality with these complementary initiatives, making sure co explicitly incorporate the reduction of paved surfaces and their impacts inm official policy, plans, and procedures. The other advantage of chtrcross-cutting nature of water resource protection in general, and impervi- ousness specifically, is that it seems to make sense to the average cirizen. Reduction of paved areas is one of relatively few planning initiatives chat "plays" at all levels, from the suburban driveway to the big box parking loc, and even to the Chief Justice of the Su- preme Court, who recognized the link between the growth of paved surfaces and increased runoff (in Do- lan « Oty of Tigard) (Merriam 1995). From our standpoint as educators, this Feature is critical to the success of any local planning iruciarive. Education of citizens and local officials on the issues is a necessary and integral parr. of the process of chang- ing land -use procedures, Volunteer commissioners on local land -use boards are particularly important. In our experience, almost any narrowly -framed issue or problem (environmental or otherwise) brought before busy city, town, or county boards is already operating with two strikes against it. Few issues are isolated, yet they are frequently presented to communities as such, 'reflecting not the nature of community planning but that of regulatory agencies. A regional planner we work with has called this the "environmental flavor of the month" syndrome. The result is that even legally mandated initiatives may be doomed cc Eailure by the sheer inertia involved in, integrating new and complex information into the busy world oElocal land -use decision -making. Framing "AID URNAL-SPRING 1996 the issue of nonpoinc source pollution in terms of im- perviousness, although it may be a bit simplistic, appears to be an effective way of enabling local decision -makers to grasp the issue sufficiently to take action. Conclusion Water pollution is getting more complex, while at the same time the responsibility for water resource protection is shifting toward local authorities. The use of impervious surface coverage as an environmental indicator can assist planners to construct a game plan to protect their community's natural resources. Imperviousness integrates the impacts of develop- menc on water resources, so it can help to cut through much of the complexity. It is measurable, and so ap- propriate for a wide range of planning and regulatory applications. It is a cross -Burring feature that is a fre- quenrly hidden, but nonetheless substantial, compo. nent of marry current trends in road, neighborhood, and landscape design, so it can be used as a reinforcing connection between seemingly unrelated planning ini- tiatives_ Finally, the basic tenets of reducing impervi- ousness —retaining the natural landscape, minimizing pavement, promoting infiltration to the soil —are sim- ple concepts chac.can be understood by a community and its residents. Impervious cover is rarely specifically identified or addressed in community goals, policies, or regula- tions. It should be. In this article, we have tried to fa- cilirare the use of this indicator by (1) reviewing the scientific literature to provide a comfort level with its appropriateness; (2) creating a framework for its use in overall planning, site -level planning, and regula- tion; and (3) providing real -world examples of such ap- plications. With imperviousness as a foundation, planting rhat begins with water resources often leads cc character, design, and aesthetic issues that, taken together, definc much of the overall quality of life in a community. REFERENCES Anderson, D. G. 1968. EfEeco of Urban Development on Floods in Northern Vitgiuia. U.S. Geological Survey ppm- rde Report. APA Zoning News. 1989. New Techniques for Controlling Srormwarer Pollution. May. Arendt, Randall. 1994a. Rural by Design' Maintaining Small Town Character. Chicago, IL: APA Planners Press. Arendt, Randall. 1994b. Designing Open Space Subdivi- sions: A Practical Scep-By-Step Apprnacho Media, PA: Nar- ural Lands Trust, Tncc Arnold, C. L., P. J. Belson and P. C. Parron 1992. Sawmill Brook- An Example of Rapid Geomorphic Change Re- lated co Urbanization. jam wi of Geology 90,2: 155-66. ACCOUNTS PAYABLE - AP4007 AP TRANSACTIONS BY VENDOR 12:20PM 04/16/99 CITY OF LAKE EIM0 PAGE 1 AtDRIL 20, 1999 LAKE M40 COUNCIL rEETING CLAIMS TO BE APPPMED VENDOR ACCOUNT NUMBER BAT TRN AMOUNT NUMBER VENDOR NAME INVOICE DESCRIPTION 100 4310 42210 T420 42 64.45 &00011 GLOBE MACHINERY & SUPPLY PUBLIC WORKS EQUIPMENT REPAIR MACHINE CHECKS 64.45 100 4220 43200 T420 56 7.29 &00064 FRONTIER FIRE DEPT FAX 3 MACHINE CHECKS 7.29 100 4150 42000 T420 17 21.30 &00118 WASHINGTON COUNTY TREAS. EMD BOOKS MACHINE CHECKS 21.30 100 4310 42230 T420 12 43.11 &00123 MENARDS-STILLNATER PUBLIC WORKS SHOP SUPPLIES MACHINE CHECKS 43.11 100 4220 42180 T420 19 62.50 &00153 GRAFIX SHOPPE FIRE DEPT EMBLEMS MACHINE CHECKS 62.50 100 4310 42230 T420 13 39.75 &00155 COLE PAPERS INC PUBLIC WORKS SHOP SUPPLIES MACHINE CHECKS 39.75 100 4310 43200 T420 18 ,. 39.30 &00156 TSR WIRELESS-MINNESOTA PUBLIC WORKS PHONES MACHINE CHECKS 39.30 100 4191 42070 T420 52 664.00 &00157 WESTIN HOTEL SEATTLE APA CONFERENCE HOUSING MACHINE CHECKS 664.00 100 4130 42160 T420 57 201.08 &00158 TARTAN PARR/3M CLUB STRATEGY MEETING MACHINE CHECKS 201.08 100 4310 42210 T420 43 235.17 000005 ASTLEFORD EQUIPMENT CO. PUBLIC WORKS EQUIPMENT REPAIR MACHINE CHECKS 235.17 100 4310 42210 T420 40 307.89 000007 CQ AUTO PARTS STLWR VERNS PUBLIC WORKS EQUIPMENT REPAIR MACHINE CHECKS 307.89 100 4220 44010 T420 23 17.32 000037 ELMO'S LUMBER & PLYWOOD FIRE DEPT SUPPLIES ACCOUNTS PAYABLE - AP4007 CITY OF LAKE ELMO ACCOUNT NUMBER BAT TRN AMOUNT 100 4520 42200 T420 24 5.42 MACHINE CHECKS 22.74 100 4310 42230 T420 48 38.50 MACHINE CHECKS 38.50 100 4310 42230 T420 39 12.60 MACHINE CHECKS 12.60 100 4150 42070 T420 44 378.00 MACHINE CHECKS 378.00 100 4130 42160 T420 36 16.89 100 4240 43310 T420 37 63.00 100 4520 42190 T420 38 5.94 MACHINE CHECKS 85.83 100 4220 42120 T420 34 282.62 100 4310 42120 T420 35 .463.30 MACHINE CHECKS 745.92 100 4310 42210 T420 51 227.26 MACHINE CHECKS 227.26 100 4150 44000 T420 10 34.48 100 4310 42230 T420 11 84.57 MACHINE CHECKS 119.05 100 4240 44370 T420 1 1,207.20 MACHINE CHECKS 1,207.20 100 4220 42170 T420 58 12.95 MACHINE CHECKS 12.95 100 4150 43800 T420 2 202.36 AP TRANSACTIONS BY VENDOR 12:20PM 04/16/99 PAGE 2 VENDOR NUMBER VENDOR NAME INVOICE DESCRIPTION 000037 ELMO'S LUMBER 6 PLYWOOD PARKS DEPT SUPPLIES 000048 GOPHER STATE ONE -CALL PUBLIC WORKS 000049 GLENWOOD INGLEWOOD PUBLIC WORKS SHOP SUPPLIES 000050 GOVERNMENT TRAINING SERV. SHARON+CYNTHIA REGISTRATION 000054 HAGBERGS COUNTRY MARKET COUNCIL EXPENSE 000054 HAGBERGS COUNTRY MARKET BLDG INSP FUEL 000054 EAGBERGS COUNTRY MARKET PARKS DEPT SUPPLIES 000075 LAKE ELMO OIL FIRE DEPT FUEL 000075 LAKE ELMO OIL PUBLIC WORKS FUEL 000079 LITTLE FALLS MACHINE INC PUBLIC WORKS EQUIPMENT REPAIR 000091 MENARDS 000091 MENARDS 000104 MINN.STATE TREASURER 000106 AIRGAS NORTH CENTRAL OFFICE BLDG MAINT. PUBLIC WORKS SHOP SUPPLIES 1st qtr surcharge FIRE DEPT SUPPLIES 000112 NORTHERN STATES POWER OFFICE UTILITIES ACCOUNTS PAYABLE - AP4007 CITY OF LAKE ELMO 100 4220 43800 100 4310 43800 100 4316 43800 100 4520 43800 601 4940 43800 602 4945 43000 601 4940 42500 100 4160 43000 100 4160 43000 803 4160 43000 100 4220 43230 100 4310 44070 100 4270 44180 100 4150 43510 100 4193 43000 409 0000 43000 601 4940 43000 803 4193 43000 100 4130 43310 BAT TRN T420 3 T420 4 T420 5 T420 6 T420 7 T420 8 MACHINE CHECKS T420 47 MACHINE CHECKS T420 53 T420 54 T420 55 MACHINE CHECKS T420 20 MACHINE CHECKS T420 22 MACHINE CHECKS T420 33 MACHINE CHECKS T420 9 MACHINE CHECKS T420 29 T420 30 T420 31 T420 32 MACHINE CHECKS T420 49 =ufPwji m 274.02 522.43 1,070.69 388.12 339.63 29.72 2,826.97 918.08 918.08 2,950.43 4,938.27 47.50 7,936.20 20.76 20.76 149.10 149.10 950.14 950.14 208.32 208.32 1,660.19 209.28 158.32 167.42 2,195.21 112.50 AP TRANSACTIONS BY VENDOR VENDOR NUMBER VENDOR NAME 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000113 OAKDALE 000129 PETERSON FRAM 6 BERGMAN 000129 PETERSON FRAM & BERGMAN 000129 PETERSON FRAM E BERGMAN 000132 ROSEVILLE RADIO 000140 T.A.SCHIFSKY E SONS 000156 ST.CROIX ANIMAL SHELTER 000157 STILLWATER GAZETTE 000173 TKDA 000173 TKDA 000173 TKDA 000173 TKDA 12:20PM 04/16/99 PAGE 3 INVOICE DESCRIPTION FIRE UTILITIES PUBLIC WORKS UTILITIES STREET LIGHTS UTILITIES PARKS UTILITIES WATER FUND UTILITIES SEWER FUND UTILITIES WATER PURCHASED FOR RESALE GENERAL LEGAL CRIMINAL PASS THRU LEGAL FIRE DEPT RADIO REPAIR WINTER ASPHALT 1ST QTR ANIMAL IMPOUNDING LEGAL PUBLICATIONS GENERAL ENGINEERING 98 OVERLAYS ENGINEERING WATER FUND ENGINEERING PASS THRU ENGINEERING 000182 TAUTGES,REDPATH A CO.,LTD BAYTOWN CONSOLI➢ATION ACCOUNTS PAYABLE - AP4007 AP TRANSACTIONS BY VENDOR 12:20PM 04/16/99 CITY OF LANE ELMO PAGE 4 ACCOUNT NUMBER BAT TRN AMOUNT MACHINE CHECKS 112.50 100 4220 43200 T420 14 46.10 601 4940 43000 T420 15 59.73 602 4945 43000 T420 16 178.20 MACHINE CHECKS 284.03 409 0000 44300 T420 41 5,209.23 MACHINE CHECKS 5,209.23 100 4220 42070 T420 21 753.30 MACHINE CHECKS 753.30 100 4150 44000 T420 27 55.68 100 4310 42230 T420 28 103.68 MACHINE CHECKS 159.36 100 4150 42000 T420 45 65.85 100 4150 42070 T420 46 .134.21 MACHINE CHECKS 200.06 100 4220 42200 T420 26 284.94 MACHINE CHECKS 284.94 100 4150 42000 T420 25 157.35 MACHINE CHECKS 157.35 100 4220 45500 T420 50 1,425.00 VENDOR NUMBER VENDOR NAME 000183 US WEST 000183 US WEST 000183 US WEST INVOICE DESCRIPTION FIRE DEPT PHONES WATER FUND PHONES SEWER FUND PHONES 000191 WASHINGTON COUNTY TREAS. FINAL COSTS CTY 13 000195 HENNEPIN TECHNICAL COLLEG FIRE DEPT TUITION 000409 MARONEY'S SANITATION INC. OFFICE DUMPSTER 000409 MARONEY'S SANITATION INC. PUBLIC WORKS DUMPSTER 000504 VISA 000504 VISA AOL SERVICE MCFOA CONFERENCE 000522 GENUINE PARTS COMPANY FIRE DEPT EQUIPMENT REPAIR 000620 S & T OFFICE PRODUCTS INC OFFICE SUPPLIES 000777 BEAR COM FIRE DEPT 3 MONITORS ACCOUNTS PAYABLE - AP4007 CITY OF LAKE ELMO ACCOUNT NUMBER BAT TRN AMOUNT MACHINE CHECKS 1,425.00 MANUAL CHECKS 0.00 MACHINE CHECKS 28,326.44 FINAL TOTAL 28,326.44 AP TRANSACTIONS BY VENDOR 12:20PM 04/16/99 PAGE 5 VENDOR NUMBER VENDOR NAME INVOICE DESCRIPTION CITY OF LAKE ELMO 1999 BILLING SUMMARY fMO7NT7H1135 nistration 1114011145 Criminal Pros Public Imp. Proj 11150 Community Dev 11155 Civil Litigation 11161 Auto Fortefture TOTAL Jan $1,417.11 $3,387.74 $245.85 $38.50 $5,089.20 Feb $1,266.39 $4,369.27 $79.22 $82.50 $5,797.38 March $1,189.00 $4,938.27 G'0' 5 U $490.43 $7,936.20 April $0.00 May $0.00 June $0.00 July Aug $0.00 Sept $0.00 Oct $0.00 Nov $0.00 Dec $0.00 otals b $3,872.50 $12,696.28 $0.00 $1.643.57 $0.00 $611.43 $18,822.78 L- '�l V r 1 � d v 3 3 u I 4/13/99 Suite 300 50 East Fifth Street St, Paul, MN 55101-1197 ��N.A. amowl ■W41A P R.. O F E S S I O N:A L A S S 0 C IA.TRI.O.N- (651)291-8955 (651) 228-1753 facsimile Page: 1 CITY OF LAKE ELMO 03/31/99 3800 Laverne Avenue North ACCOUNT NO: 11135-920001M Lake Elmo MN 55042 STATEMENT NO: 87 Administration HOURS 03/02/99 JPF Prepare for and attend council. 1.70 161.50 03/06/99 JPF Review PC; agenda. .40 38.00 l 03/11/99 JPF Telephone conference with Adm; planner re: council agenda. .40 38.00 03/12/99 JPF Review council agenda items; tele planner. .30 28.50 03/22/99 JPF Review PC agenda; tele planner. .80 76.00 JPF Prepare for and attend PC. 2.70 256.50 03/24/99 JPF Legal research re: condemnation; PF regs; Rehbein agreements; PC meeting. .40 33.00 JPF Legal research re: church use case law. .60 57.00 03/25/99 JPF Telephone conference with Atty Beck and Adm re: church use. .40 38.00 03/26/99 JPF Revise extension of dev mort PF; corr to Planner. .80 76.00 Jerome P. Filla 8.60 807.50 �- 03/15/99 JMM Telephone conference with Chuck Oilrud (2); phone THIS STATEMENT IS DUE AND PAX&BI,E TO THE END OF THE MONTH. PAYMEQTS RECEIVED AAU THE LAST OW OF THE MORM WILL BE CREWED TO THE NEXT MOIYLMS STATEMENT. Suite 300 PERSON, _ 50 East Fifth Street St, Paul, MN 55101.1197 FRAM & BERGMAN CITY OF LAKE ELMO Administration (65 1) 291-8955 (651) 228-1753 facsimile Page: 2 03/31/99 ACCOUNT NO: 11135-920001M STATEMENT NO: 87 HOURS conversation with Mary (1); review correspondence from Mary; review and analyze code section re: time limits to submit final plat. 1.00 95.00 03/16/99 JMM Complete review of agenda and preparation for meeting; phone conversations with Chuck Dilrud and Mary Kueffner. 1.30 123.50 John Michael Miller 4.05 218.50 FOR CURRENT SERVICES RENDERED 12.65 .1,026.00 Photocopies 0.50 Fax Charge — Local 1.60 TOTAL EXPENSES THRU 03/31/99 2.00 SALES TAX ON EXPENSES 0.14 03/09/99 Recording Fee — WASHINGTON CTY RECORDER 19.60 03/09/99 Recording Fee — WASHINGTON CTY RECORDER 29.50 03/09/99 Conservation Fee — WASHINGTON CTY TREASURER 6.66 03/22/99 Recording Fee -- WASHINGTON CTY RECORDER 10.00 TOTAL ADVANCES 66.65 TOTAL CURRENT WORK 1,093.79 BALANCE DUE $1,093.79 FEDERAL TAX ID # 41-0991098 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AF ER THE LAST DAY OFTHE MOMfH WILL BE CREDITED TO THE NEXT MONTHS SWEMENT. Suite 300 PE-,,.L ERSON 50 East Fifth Street �-$+ �� L� r St. Paul, MN 55101-1197 FRA T I &BERG /1AN CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 O.P. Development Regulations .. 03/12/99 JPF Review proposed regs; tele planner. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE FEDERAL TAX ID k 41-0991098 (651)291.8955 (651) 228.1753 facsimile Page: 1 03/31/99 ACCOUNT NO: 11135-960013M STATEMENT NO: 1 HOURS .70 66.60 70 66.50 .70 66.50 66.50 $66.50 THIS STATEAMff IS DUE AND PMBLE TO THE END OF THE MONTH. PAYMEM RECEIVED AMRTHE LAST DAY OF THE MONTH WILL BE CREDDFD 7V THE NEXT MMM'S STATEMENT. Suite 300 P EI SON 50 East Fifth Street r St. Paul, MN 55101-1197 FRAM BERGMAN CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 Montgomery Barrels 03/11/99 JPF Letter to Montgomery re: non con'f use. Jerome P. Fllla FOR CURRENT SERVICES RENDERED Photocopies TOTAL EXPENSES THRU 03/31/99 SALES TAX ON EXPENSES TOTAL CURRENT WORK BALANCE DUE 0 FEDERAL TAX ID # 41-0991098 (651)291.8955 (651) 228.1753 facsimile Page: 1 03/31/99 ACCOUNT NO: 11135-990005M STATEMENT NO: 2 HOURS .30 .30 30 28.50 28.50 28.50 0.20 0.20 0.01 28.71 $28.71 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED APIET:RTHE LASE IN OF THE MCMH WILL BE CREWED TO THE NEXT MONTH'S STATEMENT. 7�r7� T Suite 300 PF,�.{, ERSO� 50 East Flfth Street T_� �--il i` r St. Paul, MN 55101.1197 FRAM& BERGMAN CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 FORFEITURE RELATED MATTERS (651)291-8955 (651) 228.1753 facsimile Page: 1 03/31/99 ACCOUNT NO: 11161-980001M STATEMENT NO: 5 HOURS 03/19/99 JMM Review recent decisions upholding forfeiture statute. .25 27.50 John Michael Miller .25 27.50 FOR CURRENT SERVICES RENDERED H.25 27.50 TOTAL CURRENT WORK 27.50 BALANCE DUE $27.50 FEDERAL TAX ID # 41-0991098 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECWM A:TERTHE LAST W OFTHE MCNIM WILL BECREWED TO THE NEXT MCMTNS STATEMENT. Suite 300 P ERSON, 50 East Fifth Street St. Paul, MN 55101-1197 FRAM BERGMAN e e e e CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 Forfeiture: Thurber, James Dale (651) 291-8955 (651) 228-1753 facsimile Page: 1 03/31/99 ACCOUNT NO: 11161-980003M STATEMENT NO: 6 HOURS 03/12/99 JMM Complete affidavit and leter. .20 22.00 03/17/99 JMM Telephone conference with Amy Larson; review complaint, motor vehicle registration and statute; letter. 80 88.00 John Michael Miller 1.00 110.00 FOR CURRENT SERVICES RENDERED 1.00 110.00 Photocopies 0.30 TOTAL EXPENSES THRU 03/31/99 0.30 SALES TAX ON EXPENSES 0.02 TOTAL CURRENT WORK 110.32 BALANCE DUE $110.32 �cW- m- FEDERAL TAX ID # 41-0991098 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIM AV=THE LAST OAY OF THE MORM WILL BE CREONEO TO THE NEXT UMMS STATEMENT. Suite P ERSON 50 Ea Eastt Fifth Street r St. Paul, MN 55101.1197 FRAM BERGMAN e e e e t CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 Forfeiture: Hillestad, Bradley James 1995 Cadillac —DUI GM 11140.980321 (651)291.8955 (651) 228.1753 facsimile Page: 1 03/31/99 ACCOUNT NO: 11161-980005M STATEMENT NO: 6 HOURS 03/04/99 JMM Prepare informational statement; letter to court and opposing counsel. .75 82.50 03/10/99 JMM Complete informational statement. ,25 27.50 JMM Complete and forward information statement. .25 27.50 John Michael Miller 1.25 137.50 FOR CURRENT SERVICES RENDERED 1.25 137.50 Photocopies 1.50 TOTAL EXPENSES THRU 03/31/99 1.50 SALES TAX ON EXPENSES 0.11 TOTAL CURRENT WORK 139.11 BALANCE DUE $139.11 FEDERAL TAX ID # 41--0991098 THIS STATEMENT IS DUE AND PANABILE TO THE END OF THE MONTH. PWAEMS RECOM MUTHE LAST MAY OFTHE MONTH WILL BECREDITED TO THE NEXT MONTITS STATEMENT. Suite P ERSON, 50 Eastt Fifth Street St. Paul, MN 55101.1197 FRAM & BERGMAN mMrasnZJMLVn CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 56042 FORFEITURE: Robert James Mendlik DWI .20 (651)291-8955 (651) 228.1753 facsimile Page: 1 03/31/99 ACCOUNT NO: 11161-980006M STATEMENT NO: 1 HOURS 03/10/99 JMM Prepare initial forfeiture summary; review reports and prepare memo re: disposition of criminal matter. .60 66.00 03/19/99 JMM Prepare forfeiture complaint; service & filing letters. 1.25 137.50 John Michael Miller 1.85 203.50 03/10/99 HCK Open file and prepare status sheet. .20 10.00 Hulda C. Kreis .20 10.00 FOR CURRENT SERVICES RENDERED 2.05 213.50 TOTAL CURRENT WORK 213.50 BALANCE DUE $213.50 FEDERAL TAX ID # 41-099109E THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. FNTIENTS RECEIVED AnUrdE lABP DAY OF THE MONTH VALL BE CREMM TO THE NEXT MOMS BPATEMENT. Suite 300 PENERSON 50 East Fifth Street St. Paul, MN 55101.1197 FR M&BERGT /� � � T e e 1\ a UMUG eL �f CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 ACCOUNT NO: FEES EXPENSES ADVANCES 11135-920001 Administration 1,026.00 2.14 65.65 11135-960013 O.P. Development Regulations 66.50 0.00 0.00 11135--990005 Montgomery Barrels 28.50 0.21 0.00 1,121.00 FEDERAL TAX ID # 41-0991098 2.35 65.65 (651)291.8955 (651) 228.1753 facsimile Page: 1 03/31/99 11135M BALANCE $1,093.79 $66.50 $28.71 $1,189.00 THIS STATEMENT IS DOE AND PAYMILE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTERTH6 LAST MY OF THE MONTH Tl9LL BE CREWTFD 70 THE NEST MONTHS STATEMENT. Suite 300 P ERSON, 50 East Pith Street St, Paul, MN 55101.1197 FRAM BERGVIAN CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 (651)291-8955 (651) 228�1753 facsimile Page: 1 03/31/99 ACCOUNT N0: 11150-980014M STATEMENT NO: 1 PF Regs. HOURS 03/12/99 JPF Telephone conference with planner re: regs and legal issues; rev church corr. .40 38.00 Jerome P. Filla .40 38.00 03/12/99 EEM Interoffice conference with JPF re; issue to be researched. .10 9.00 03/18/99 EEM Legal research re: public facility regulation and constitutional issues. 1.30 117.00 03/22/99 EEM Legal research re: public facility regulations. 5.10 459.00 03/23/99 EEM Legal research re: freedom of religion issues. 2.00 180.00 03/24/99 EEM Legal research re: Constitutional issues. 3.10 279.00 03/25/99 EEM Legal research; memorandum to JF. 2.10 189.00 Esther E. McGinnis 13.70 1,233.00 FOR CURRENT SERVICES RENDERED 14.10 1,271.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. FAYMENIS RECEIVED Ai' UME LM DN OFTHE MONTH VntL eE CEEURFD TO THE NEU MONTHS SFATEMENL Suite300 50a P ER DON� _ 50 East Fifth Street St. Paul, MN 55101-1197 FRAM BERGMAN e e e e CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 65042 11140-920001 Criminal Prosecutions 410.50 24.72 ACCOUNT NO: ADVANCES 0 ii 11140--970239 URLEAN, MARK LAMBERT (WCS) GM DAR 10.00 0.00 oleo 11140-970267 THOMAS, ANDRE NICHOLAS (WCS) DAR 14.00 0.00 0.00 11140-970384 BERRISFORD, JAMES ROBERT (WCS) DOC 21.00 0.32 0.00 11140-980011 Phillips, Steven Lewis (RCS) DUI 98.00 0.00 0.00 11140-980070 Lundgren, Ann Marie (WCS) GM DUI 0.00 oleo 17:50 11140-980078 Kemp, William David (WCS) Criminal damage to property 14.00 0.00 0.00 (651)291.8955 (65 11228.1753 facsimile Page: 1 03/31/99 11140M BALANCE $435.22 $10.00 $14.00 $21.32 $17.50 $14.00 THIS STATEMENT IS DBE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AifERTHE LAST DAY OFTHE M(WM WILL BE CREDITED TO THE NECr FIONTNS STATEMENT. Suite 300 P ERSON(651)291.8955 , 50 East Fifth Street 1651) 22&1753 facsimile St. Paul, MN 55101.1197 FRAM & BERGMAN •. t o e Pages 2 CITY OF LAKE ELMO 03/31/99 ACCOUNT NO: 11140 FEES EXPENSES ADVANCES BALANCE 11140-980080 Orlauski, David.Mark (WCS) Criminal damage to property 36.00 0.00 0.00 $35.00 11'140--980129 Anderson, Leah Dee (WCS) GM DUI 492.50 0.11 0.00 $492.61 111AO-•980137 Wagner, Carrie Jo (WCS) No insurance 7.00 0.00 0.00 $7.00 11140-980139 Micko, Douglas Arthur (WCS) Speed 0.00 0.00 3.00 $3.00 11140-980154 Murray, James Michael Fail to yield 14.00 0.00 0.00 $14.00 11140-980156 Davila, David (WCS) Interfer with 911 Call 0.00 0.00 17.50 $17.50 11140--980159 Corwin, Michael Lane (WCS) GM DUI 157.00 0.00 0.00 $157.00 11140-980171 Nunn, Marlow Michael (WCS) OAS 21.00 0.00 0.00 $21.00 THIS STATEMENT IS DIIE AND PAYABLE TO THE END OF THE MONTH. FAVAt IM RECEIVED AR'=THE LAST DAY OF THE kMM WILL BE CEEORFD TO THE NEXT MOMS STATEMENT. Suite P H �O� 50 Eastt Fifth Street L� St. Paul, MN 55101.1197 FRAM BERGMAN e W CITY OF LAKE ELMO ACCOUNT NO: FEES EXPENSES ADVANCES 11140-980184 Omdahl, Jennie bee (WCS) DAR 95.00 0.00 0.00 11140-980226 Johnson, James Patrick (WCS) Theft 157.00 3.64 0.00 11140-980232 Orlawski, Jane Elizabeth (WCS) Revoked Plates; No Ins.; DAR 71.00 0.00 0.00 11,140-980233 Schneider, Ben Thomas (WCS) DAR 28.00 0.00 0.00 11140-980240 Stambaugh, Gary Paul (WCS) Assault 72.00 3.42 42.50 11140-980241 Cherry, Marcus Raymond (WCS) GM DUI 59.00 0.11 0.00 IIIAO-980274 Safe, Timothy Robert (MSP) Inattentive Driving 35.00 0.00 0.00 11140-980289 Pepin, Daniel David (WCS) DUI 62.00 0.00 0.00 (651)291-8955 (651) 228-1753 facsimile Page: 3 03/31/99 11140 BALANCE $160.64 $71.00 $117.92 $69.11 $35.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECENEN AM THE LAST CLAY OFTHE MONW WILT. eE C imm TO THE NERD Mwws srATEmENT. Suite 300 P ERSON, (651) 291.8955 50 East Fifth Street 7-� (651) 228.1753 facsimile St. Paul, MN 55101.1197 FRAM BERGMAN c rEM Page: 4 CITY OF LAKE ELMO 03/31/99 ACCOUNT NO: 11140 FEES EXPENSES ADVANCES BALANCE 11140-980292 Arcand, Frederick Lyle (wcs) DUI; 28.00 0.00 0.00 $28.00 11140-980321 Hillestad, James Bradley Dux 35.00 0.00 0.00 $36.00 11140-980322 Holmberg, Derek Richard (WCS) C DUI 35.00 0.00 0.00 $35.00 { 11140-980336 Bergstedt, Hans Bjorn (WCS) Possession Drug Paraphenalia 38.00 0.00 0.00 $38.00 11140-980337 West, Mitchell James (RCS) i DAC 59.00 0.00 0.00 $59.00 11140-980340 Conaway, Ronald Eugene DAS; Possession of Marijuana 35.00 0.00 0.00 $35.00 11140-980346 Benick, Thomas Dee (WCS) DUI 36.00 0.00 0.00 $35.00 11140-980349 Pye, Travis Wesley (MSP) Speed 66.00 0.00 0.00 $56.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PNMENTS RECEIVW AFTER THE LAST W OFTHE MONTH MLL.BE CREWM TJ 7NE NERTMORM STATEMENT: 300 50 EaP ERSON 50 East Fifth Street t St. Paul, MN 55101.1197 FRAM BERGMAN ACCOUNT NO: FEES EXPENSES ADVANCES 11140-980353 Burgess, Christopher Ryan (WCS) Underage drinking 28.00 0.00 0.00 11140-980358 Nelson, Christopher Allen (WCS) DAR 90.00 0.00 0.00 11140-980365 Wilkins, Justin Michael (WCS) No Ins; Revoked Plates 35.00 0.00 0.00 11140-980367 Stambaugh, Gary Paul (WCS) Moving Violation 78.00 0.00 11140-980368 Faster, Amanda Trish (WCS) DAS and Speed 60.00 0.00 11140-980371 Kellogg, Johnathan (WCS) Speed 56.00 0.00 11140-990014 Lee, Kevin David (MSP) Speed 73/55 42.00 0.00 „ 11140-990018 Olson, Alice WCS — No proofof Ins; fail to displ 28.00 0.00 0.00 (651) 291-8955 (651) 228.1753 facsimile Page: 5 03/31/99 11140 BALANCE $90.00 $36.00 ,,, $56.00 $42.00 $28.00 THIS STATEMENT IS DUE AND PAUDIE TO THE END OF THE MONTH. F WMENIS RECE1VE0 AFTER THE LAST Off OF THE MONTH WILL BE CREWED TO THE NEXT MONTHS STATEMENT. (I Suite 300 ON155 50 East Fifth Street P T �W(652281753 facsimile St. Paul, MN 55101-1197 FRAM BERGMAN Pages 6 CITY OF LAKE ELMO 03/31/99 ACCOUNT NO: 11140 FEES EXPENSES ADVANCES BALANCE 11140--990036 Robl,.Richard Anthony Jr. (WCS) OAR; Open Bottle; No Insurano 84.00 1.28 17.50 $102.78 11140-990038 DePaulis, James Glenn WCS - Speed 10.00 0.00 0.00 $10.00 11140-990040 Fisler, Bradley Fred WCS - DWI 105.00 1.18 0.00 $106.18 11140-990047 Augustine, Donald W. WCS - Fail to transfer title 0.00 0.00 0.00 $0.00 11140-990049 Marx, Christopher Allen WCS - GM Dangerous Weapons; das no insurance 35,00 0.21 0.00 $35.21 11140--990053 Jensen, Rachel L. WCS - OAR 21.00 0.00 0.00 $21.00 11140-990054 Jerry, Todd Christopher DUI .22 89.00 5.78 0.00 $94.78 11140-990056 Thueson, Andrew Brian MSP - DWI 134.00 3.85 0.00 $137.85 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS ItECENBD A&TERTHE LAST DWOFTHE MONTH MU. BE CREINIM TO THE NEST MONMS STATEMENT: Suite 300 P ERSON 50 East Fifth Street r St. Paul, MN 55101-1197 FRAM BERGMAN CITY OF LAKE ELMO ACCOUNT NO: FEES EXPENSES ADVANCES 11140-990056 Toberman, William Howard MSP - Careless Driving; GAS 80.00 0.00 0.00 11140-990057 Mendlik, Robert James MSP - DWI .20 59.00 10.91 0.00 (651) 291.8955 (651) 228-1753 facsimile Page: 7 03/31/99 11140 BALANCE $69.91 11140-990068 Farrell, Brett Richard WCS - Drinking After Hours 87.00 0.00 0.00 $87.00 11140-990059 Edrozo, Rodney Daile WCS - Failure to Stop 41.00 0.21 0.00 $41.21 11140-990060 Miller, Kevin Jacob WCS -- 5th Degree Assault 52.00 0.32 0.00 $52.32 11140-990061 Bjerke, Bruce Allan WCS - Revoked Plates 24.00 0.00 0.00 $24.00 11140--990062 Sweeney, Robert Joseph RCS - DAC 41.00 0.00 0.00 $41.00 11140-990063 Stambaugh, Gary Paul DAS - (2/9) - WCS 34.00 0.00 0.00 $34.00 THIS STATEMENT IS DUE AND PAYABILE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFIER THE LAST DW OF THE MORM WILL BE CREMM TO THE NEXT MOURNS STATEMENT. Suite 300F __ TERSON 165 3 facsimile 50 East Fifth Street � 1651) 228.1753 facsimile St, Paul, MN 55101.1197 FRAM ' BERGMAN Page: 8 CITY OF LAKE ELMO 03/31/99 ACCOUNT NO: 11140 FEES EXPENSES ADVANCES BALANCE 11140-990064 Stambaugh, Gary.Paul WCS - (2/11) - DAS 45.00 0.00 0.00 $45.00 11140--990065 Anderson, Shawn Tyrone WCS -DAS 55.00 0.00 0.00 $55.00 11140-990066 Jensen, Rachael Lee WCS - Marijuana 69,00 0.00 0.00 $69.00 11140-990067 Luebben, Jennifer Renee WCS - No Seat Belt 76.00 0.00 0.00 $76.00 11140-990068 Branson, Donald Allen WCS -- DAR 34.00 0.00 0.00 $34.00 11140-990069 Diaz, Richard Dean WCS - Illegal use of 21 day temp 24.00 0.00 0.00 11140-990070 Register, Scott Dale MSP - Speed (repeat offender) 24.00 0.00 0.00 11140-990071 Sherman, David Paul WCS = DAS 34.00 0.00 0.00 $24.00 $34.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEMPD AFLER THE LAST MYOFTHE MONTH WILL BE CEEURED MIME NEXT MOlM STATEMENT. Suite P ; ERSON 50 Eastt Fifth Street -1-- St. Paul, MN 55101.1197 FRAMBERGMAN larmennawaff1 1 A CITY OF LAKE ELMO ACCOUNT NO: FEES EXPENSES ADVANCES 11140-990072 Wilson, Howard Lee WCS -- Dangerous Dogs 119.00 0.11 0.00 11140-990073 Peterson, Melissa Celeste WCS - No INsurance 52.00 0.00 0.00 11140-990074 Trubiano, Christine Lynne WCS - D.U.I 26.00 0.00 0.00 11140-990075 Powers, Colette Joan WSC - Damage to Property 14.00 0.00 0.00 11140-990076 Hilyar, Cheryl WSC - expi.red tabs 91.00 0.10 0.00 11140-990077 Bromeland, William Andrew WCS - D.U.I. 31.00 0.00 0.00 11140-990078 Harding, Thomas Russell WCS - D.A.R./no seatbelt 29.00 0.00 0.00 11140-990079 O'Brien, Linda Lou WCS - Speeding/no insurance 29.00 0.00 0.00 (651) 291.8955 (651) 22&1753 facsimile Page: 9 03/31/99 11140 BALANCE $52.00 $26.00 $14.00 $91.10 $31.00 $29.00 $29.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECENED AM THE LAST W OFTHE VM H WILL BE CREDITED 70 THE NEXT MONTHS STATEMENT. Suite P ERSON 50 Eastt Fifth Street ' St. Paul, MN 55101,1197 FRAM & BERGMAN c eM1111611111111 CITY OF LAKE ELMO ACCOUNT NO: FEES EXPENSES ADVANCES 11140-990080 Robriquez, Peter,Todd Loud Muffler/O.W.I. 94.00 0.00 0.00 11140-990081 Erickson, David Michael WCS — failure to display current registration 38.00 0.00 0.00 11140--990082 Larsen, Clifford Ross WCS — D.W.I. 76.00 0.00 11140-990083 Anderson, Nanthan M. WCS -- D.A.S. 60.00 0.00 11140-990084 Borowiak, Brian WCS — D.W.I. 98.00 0.00 11140-990085 Christenson, Kristin WCS -- D.A. 31.00 0.00 11140-990086 Middaugh, Roy Earl WCS — Speed 41.00 0.00 n rin 11140-990087 Conrad, Robert Joseph WCS — DWI — Revocation hearing for 4/20/97 DWI offense 24.00 0.00 0.00 (651) 291.8955 (651) 228.1753 facsimile Page: 10 03/31/99 11140 M4 W.AiutIllA H� $38.00 $76.00 $98.00 Em rr '' $41.00 $24.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. P,WMVM RE=W AV=THE IA9r nW of TNe MONTH WILL ee c EWIM nO THE Next MONMS STATEMENT:. Suite ERSON 50 Eastt Fifth Street 1 St. Paul, MN 55101.1197 FRW BERGMAN CITY OF LAKE ELMO ACCOUNT NO: FEES EXPENSES ADVANCES 11140-990089 Sherman, Shane 14. WCS — Fail to change address on OL 14.00 0.00 0.00 11140-990090 Radabaugh, Michael Thomas WCS — Expired Registration 12/98 28.00 0.00 0.00 11140-990091 Wolff, Richard Warren WCS — Display revoked plates 21.00 0.00 0.00 4,784.00 56.27 98.00 FEDERAL TAX ID # 41-0991098 (651) 291-8955 (651) 228.1753 fac imlle Page: 11 03/31/99 11140 BALANCE $14.00 $28.00 $21.00 $4,938.27 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECENW A6fER THE LAST=OFTHE MONTH WILL EE a=EO TO THE NEXT MONTHS STATEMENT. Suite 300 PERSON, 50 East Fifth Street St, Paul, MN 55101.1197 FRAM'BERGMAN I CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 (651) 291.8955 (65 it 228.1753 facsimile Page: 1 03/31/99 ACCOUNT NO: 11150-990005M STATEMENT NO: 2 KELLY SCHMIDT SUBDIVISION HOURS 03/30/99 JPF Telephone conference with Planner, Freeman re: conf of approval. .50 47.50 Jerome P. Filla 50 47.50 C FOR CURRENT SERVICES RENDERED .50 47.50 TOTAL CURRENT WORK 47.50 BALANCE DUE $47.50 FEDERAL TAX 10 * 41-0991098 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTBRTHE LAST DAY OF THE MOMIH WILL BE CREDITED TO THE NEXT MCKM'S STATEMENT: INVOICE TKDA ENGINEERS • ARCHITECTS • PLANNERS CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED 1500 PIPER JAFFRAV PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:651/292-4400 FAX:651/292-0093 Date: March 30, 1999 Commission No: 09150-99Z Invoice No: 043170 Period Ending: 02/28/99 For Professional Services in connection with the Attendance at City Meetings. City of Lake Elmo Letter of Authorization dated January 6, 1996. February 2, 1999 T. Prew - City Council Meeting 100.00 February 16, 1999 T. Prew - City Council Meeting 100.00 �13 3 ° `� d l 6 0 y/ 9 3 y 3 aao �fb J (s u! �Ll3 y 3�ma State 3 of Minnesota ) County of Ramsey ) AMOUNT DUE ........................... $ 200.00 ss Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, i a notary public, on this date March 19 - . /9 , C � , I...'._:EIY C""':. v TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED An Equal Opportunity Employer INVOICE T KDA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPO RATED ENGINEERS •ARCHITECTS • PLANNERS 1600 PIPER JAFFRAV PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE'A51/292-4400 FAX:6511292-0083 CITY OF LAKE ELMO Date: March 30, 1999 3800 LAVERNE AVENUE NORTH Commission No: 09150-99A LAKE ELMO MN 55042 Invoice No: 043169 Period Ending: 02/28/99 For General Engineering Services as listed below. Authorization dated February 2, 1988. 1. South Washington Watershed District - Review Plans and Meetina: T. Prew 3.00 Hrs. @ 30.44 = 91.32 x 2.75 = 251.13 Expenses: T. Prew - Travel 2. Street Maintenance: T. Prew 8.00 Hrs. @ 30.44 = Expenses: T. Prew - Travel 3. I-_94 Drainage: T. Prew 3.50 Hrs. @ 30.44 = Expenses: T. Prew - Travel 4. Site Review - Waters Bay Plat: T. Prew 2.00 Hrs. @ 30.44 = 5. Wetland Conservation Act Permit: T. Prew 0.50 Hrs. @ 30.44 = 6. Utility Permits: T. Prew 0.50 Hrs. @ 30.44 = 7. City Council Meeting Notes: T. Prew 0.50 Hrs. @ 30.44 = 243.52 x 2.75 = 106.54 x 2.75 = 8.00 669.68 6.40 292.99 11.20 Av- 60.88 x 2.75 = Qom' 167.42 15.22 x 2.75 = 41.86 15.22 x 2.75 = 41.86 15.22 x 2.75 = 41.86 An Equal Opportunity Employer " PAGE 2 INVOICE Comm. No. 09150-99A 8. Benchmark Updates: S. Olson 2.00 Hrs. @ 17.31 = 34.62 x 2.75 = 95.21 AMOUNT DUE ........................ $ 1,627.61 State of Minnesota ) ss County of Ramsey ) Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date Mar 30, 1-299.� ^ e TOLTZ, KING, DUVALL, ANDERSON AND SOCIATES, INCORPORATED , RILEIVED AV 7 1999 TO LTZ, KING, DUVALL, ANDERSON TKDA CITY OF LAKE ELMO INVOICE AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:851/292.4400 FAX:551/292-0083 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 Date: March 30, 1999 Commission No: 11465-03 Invoice No: 043179 Period Ending: 02/28/99 For Professional Services in connection with the 1998 Overlay Projects. .Authorization for Professional Services approved at Regular City Council Meeting on November 4, 1997. Construction Engineering (11465-03): Personnel- Classification: Billing Rate: T. Prew Senior Registered Engin. 2.50 Hrs. @ 83.71 209.28 AMOUNT DUE ................................. $ 209.28 State of Minnesota ) ss County of Ramsey ) Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date Marqe'�30, 199-9- C TOLTZ, KING, DUVALL, ANDERSON AND 7CIATES, INCORPORATED An Equal Opportunity Employer INVOICE MAR 1 6 1999 TKTT� /AA TOLTZ, KING, DUVALL, ANDERqS,OENp iii/ii AND AStJ AJF0J11 fk1e �ITkWrN ENGINEERS • ARCHITECTS • PLANNERS 1600 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:66lM2-4400 PAX:651/292-0083 ATTN MR DAN OLINGER PUBLIC WORKS SUPERVISOR CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 Date: March 19, 1999 Commission No. 11174-01 Invoice No: 042984 Period Ending: 02/28/99 For Professional Services in connection with the Leak Location and Survey on February 26, 1999 for the City of Lake Elmo, Minnesota. Personnel: Classification: Billina Rate: Malszycki, M. Engineering Specialist 2.00 Hrs. @ 75.00 = Reimbursable Expenses; M. Malszycki - Travel AMOUNT DUE ........................... $ State of Minnesota ) ss County of Ramsey ) 150.00 8.32 158.32 Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, TOLTZ, KING, DUVALL, ANDERSON a notary public, on this dateAND ASSOCIATES, INCORPORATED jn l (P An Equal Opportunity Employer Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday April 20, 1999 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615(fax) LakeElmoMK@.aol.com E-Mail 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 Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes April 6, 1999 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Board of Review and Equalization Manuals and announce May 5, 1999, 4-6 p. M. B. Invitation by District 834 to attend presentation on Projected student and community growth 5. CONSENT AGENDA: A. Resolution allowing construction of garage closer to propertyline than house: Eric Wahlstrom B. 6. MAINTENANCE/PARK/FIRE/BUILDING A. 7. CITY ENGINEER'S REPORT: Tom Prew A. Award Contract for Cracksealing B. Sidewalks 8. PLANNING, LAND USE & ZONING: C. Dillerud A. Waters Bay Final Plat B. Public Facility Ordinance:April 81h Draft C. Rescinding Lot Line Adjustment Resolution: Gaylen Springborn Lake Elmo City Council Agenda April 20, 1999 Page 2 9. CITY ATTORNEY'S REPORT: Jerry Filla 10. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong D. Council Member Siedow 11. UNFINISHED BUSINESS: A. Nile Fellows, MPCA — Reclamation Plan for SWI B. Amortization of Non -conforming uses (Passed on to Planning and Village Commission) C. Joint Meeting with surrounding Communities D. Farmington MSA Text E. Stonegate Trails F. Trail Maintenance Policy G. Agreement with OPH for grading and snowplowing east half of 55'h St. H. Cat Ordinance (1-5-99) I. Contract for Building Inspection Services (1-5-99) J. Personnel Policy K. Lake Elmo Diary:Add to Work Plan L. Invite Jolene Servatius, MnDOT to Meeting (2-2-99) Council was asked to send its issues to the Administrator before a workshop date is set. M. Policy for e-mail usage:J.Filla (2-2- 99) N. Workshop on cul-de-sac, curbs, Ditches:Mayor Hunt will contact Dept. Heads to set up workshop N. Invite Dr. Macy, Supt. of Stillwater Area Public Schools to Council meeting. Dr. Macy cancelled her 3/16 attendance. Will reconfirm a May date. 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT A. Other APRIL 21, 5 p.m., Workshop on BOARD OF REVIEW Open Space 5-5-99, 4-6 p.m.