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HomeMy WebLinkAbout01-20-04 LE CCMPMayor: Lee Hunt Council members: Steve DeLapp Susan Dunn Dean Johnston Chuck Siedow Please read: Lake Elmo City Council Tuesday January 20, 2004 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615 (fax) Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes Pledge of Allegiance 1. Agenda 2. Minutes 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Big Brothers Big Sisters of the Greater Twin Cities: Scott Johnson B. 2004 Board of Appeal and Equalization Meeting:May 5, 2004 C. Employee and Volunteer Recognition Party 4. CONSENT AGENDA: A. Memberships (1) Greater Stillwater Chamber of Commerce (2) Assoc. of Metropolitan Municipalities (3) Sand Creek Group B. Authorization for Professional Services (1) 34th Street Lift Station Upgrades (2) 2004 Bituminous Overlay Project (3) 50'h Street Pond Study 7:00 PM January 6, 2004 Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. C. Resolution No. 2004-008 Approve Claims 5. FINANCE A. 6. NEW BUSINESS: A. City Code Codification Services Agreement 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Maintenance Dept: Compact Wheel Loader Replacement Purchase B. Update on Building Dept. Activities: Jim McNamara 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. OHW Setback Zoning Variance: Jeff Reed, 8056 Hill Trail B. Community Facilities Committee Recommendations C. Prairie Ridge Office Park Final Plat 10. CITY ATTORNEY'S REPORT: A. Update on Property Complaints 11. CITY ADMINISTRATOR'S REPORT: A. Personnel Policy and Flex Time B. Personnel Policy Amendment — Personal Time Off (PTO) 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow Tom Prew C. Dillerud Lake Elmo City Council Agenda January 20, 2004 Page 2 LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 1. AGENDA 2. MINUTES: December 16, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. Lake Elmo Jaycees Proclamation 4. ORGANIZATIONAL MEETING: A. Election of Acting Mayor B. Designation of Legal Newspaper C. Designation of Official Depositories for 2004 D. Appointment of City Engineer E. Appointments of City Attorney (Civil and Criminal) F. Appointment of Financial Advisor G. Appointment of Auditing Firm H. Planning Commission Appointments I. Parks Commission Appointments J. Community Improvement Commission Appointment K. Cable Operator -Steve Press L. IT: NextGenesis M Animal Control-Kathi Pelnar 5. CONSENT: A. Resolution No. 2004-001 Approving Claims B. Resolution No 2004-002 Final Payment for Eagle Point Blvd. I C. Resolution No. 2004-003 Final Payment for Eagle Point Blvd II D. Resolution 2004-004 Partial Payment for hill Trail N./50th Street E. Final Payment for Painting and Repairs for Fire Station No. 1 F. Resolution No.-2004-005 Final Payment for 50`h Street Reconstruction 6. NEW BUSINESS: i. 7. MAINTENANCE/PARK/FIR/BUILDING: A. Update On Fire Dept. Activities: Chief Malmquist — Not In Attendance (1) Capitol City Mutual Aid Assoc. Agreement 8. CITY ENGINEER'S REPORT 9. PLANNING, LAND USE & ZONING: 10. CITY ATTORNEY'S REPORT: A. Hazardous Structure on 37th Street 11. CITY ADMINISTRATOR'S REPORT: A. Employee Pay Plan B. Personnel Policy Amendment — (PTO) C. Metropolitan Council Mayor Hunt called the Council meeting to order at 7 p.m. in the Council chambers. PRESENT: Siedow, Hunt, Johnston, DeLapp, City Attorney Filla, City Engineer Prew, Acting Finance Director Tom Bouthilet and Acting Administrator/Planner Dillerud. ABSENT: Council member Dunn LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 1. AGENDA Move to consent agenda Items C-J, ADD:Met Co. Appeal, Hidden Bay properly and Update on former employee M/S/P Siedow/DeLapp - to approve the January 6, 2004 City Council agenda, as amended. (Motion passed 4-0.) 2. MINUTES: December 16, 2003 M/S/P Siedow/Johnston — to approve the December 16, 2003 City Council minutes, as amended. (Motion passed 4-0). 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Public Inquiries None B. Lake Elmo Jaycee Proclamation MAYOR HUNT PROCLAIMED THE WEEK OF JANUARY 18-24, 2004, AS JAYCEE WEEK AND URGED ALL CITIZENS OF OUR COMMUNITY TO GIVE FULL REGARD TO THE PAST AND CONTINUING SERVICE OF THE JAYCEES. 4. ORGANIZATIONAL MEETING: A. Election of Acting Mayor M/S/P Johnston/DeLapp — to approve Council Member Susan Dunn as Acting Mayor for 2004. (Motion passed 4-0). B. Desienation of Legal Newspaper Staff will use Lake Elmo Leader when turnaround time is available for legal notice, but will not double ads. M/S/P DeLapp/Siedow — to designate the Lake Elmo Leader and the Stillwater Gazette as the City's legal newspapers for 2004. (Motion passed 4-0). C. Designation of Official Depositories for 2004 M/S/P Johnston/DeLapp — to designate the Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup, and Northland Securities as the Cities' official depositories for 2004. (Motion passed 4-0). D. Appointment of City Engineer M/S/P Johnston/DeLapp — to appoint Tom Prew/TKDA as the City Engineer for 2004. (Motion passed 4-0). E. Appointment of City Attorney (Civil and Criminal) M/S/P Johnston/DeLapp — to appoint Jerry Filla, Peterson, Fram & Bergman as the City Attorney for 2004, both for criminal and civil matters. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 2 F. Annointrnent of Financial Advisor M/S/P Johnston/DeLapp — to appoint Paul Donna, Northland Public Finance Group, as the City's Financial Advisor for 2004. (Motion passed 4-0). G. Appointment of Auditine Firm M/S/P Johnston/DeLapp — to appoint Steven R. McDonald, CPA, Abdo; Rick & Meyers, LLP as the City's Auditing Firm for 2004. (Motion passed 4-0). H. Plannina Commission Annointments The terms of Commissioners Mark Deziel, Julie Ann Bunn, and Jennifer Pelletier expired on December 31, 2003. All three have requested reappointment. M/S/P Johnston/DeLapp — to reappoint Mark Deziel, Julie Ann Bunn, and Jennifer Pelletier to the Planning Commission to 3-year terms that will expire on December 31, 2006. (Motion passed 4-0). The terms of Old Village Special Projects Commissioners Todd Williams and Ann Bucheck expired on December 31, 2003. Todd Williams requested reappointment, but the City did not receive correspondence from Commissioner Bucheck. M/S/P Johnston/DeLapp — to reappoint Todd Williams tpthe Old Village Projects Planning Commission to a 3-year term that will expire on December 31, 2006. (Motion passed 4-0). I. Parks Commission Appointments The terms of Commissioners Bob Schumacher, Steve Peterson, and John Heroff expired on December 31, 2003. Bob Schumacher and John Heroff have requested reappointment. Commissioner Boissonneault has moved out of Lake Elmo and resigned from the Parks Commission. Steve Peterson resigned after serving for approximately eleven years. M/S/P DeLapp/Johnston — to reappoint Bob Schumacher and John Heroff to the Parks Commission to a 3-year term that will expire on December 31, 2006. (Motion passed 4- 0). Jim Lund was appointed First Alternate to the Parks Commission in 2003 and has indicated his preference to continue his role as an Alternate Member of the Parks Commission. M/S/P DeLapp/Johnston — to reappoint Jim Lund as First Alternate Member of the Parks Commission. (Motion passed 4-0). Jolm Ames was appointed to the Parks Commission in 2003 as Second Alternate and should be granted status as a Full Voting Member, filling the position vacated by Steve Peterson. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 3 M/S/P DeLapp/Johnston — to appoint John Ames as Full Voting Member of the Parks Commission to begin a 3-year term that commences in January 2004 and expires on December 31, 2006 for the position vacated by Steve Peterson. (Motion passed 4-0). There are currently two openings on the Parks Commission. The City received an application from Todd Bruchu dated December 8, 2003. M/S/P DeLapp/Johnston — to appoint Todd Bruchu as Full Voting Member of the Parks Commission to fill a position vacated by Eric Boissonneault for a 3-year term that expires on December 31, 2004. (Motion passed 4-0). J. Community Improvement Commission Appointment The City received applications from Anne Smith, 12153 Marquess Lane N., and Stacy Hawieson, Cimarron Park Office, 901 Lake Elmo Avenue. M/S/P Johnston/DeLapp - to appoint Anne Smith and Stacy Hawieson to the Lake Elmo Community Improvement Commission. (Motion passed 44-0.) K. Cable Onerator:Steven Press M/S/P Johnston/DeLapp — to reappoint Steve Press as the'City's Part -Time cable operator at $10/Hr. for taping and broadcasting City meetings. (Motion passed 4-0). L. IT:William Keran M/S/P Johnston/DeLapp — to reappoint NextGenesis, William Keran, as the City's computer service contractor. (Motion passed 4-0). M. Animal Control:ICathi Pelnar M/S/P Siedow/Johnston — to approve the Animal Control Contract between the City and Kathi Pelnar to provide Animal Control Services for 2004. (Motion passed 4-0.) 5. CONSENT: A. Resolution No. 2004-001 Approving Claims M/S/P Siedow/Johnston — to approve Claim Numbers 180, 181, DD84 through DD88, 24939 through 24953 that were used for Staff payroll dated December 23, 2003, and Claim Numbers 24954 through 24991 dated December 31, 2003 in the total amount of $82,149.70. (Motion passed 4-0). B. Resolution No. 2004-002 Final Payment for Eagle Point Blvd I C. Resolution No. 2004-003 Final Payment for Eagle Pont Blvd II M/S/P Siedow/Johnston — to adopt Resolution No. 2004-002 approving Compensating Change Order in the amount of $63,648.66 and Final Payment for Eagle Point Boulevard Phase I in the amount of $33,659.66 to Tower Asphalt verified by the City Engineer's memo dated December 22, 2003. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 4 M/S/P Siedow/Johnston — to adopt Resolution No. 2004-003 Approving Compensating Change Order in the amount of (-)$5,417.40 and Final Payment for Eagle Pint Boulevard Phase II in the amount of $22,081.50 to Tower Asphalt, verified by the City Engineer's memo dated December 22, 2003. (Motion passed 4-0). D. Resolution No. 2004-004 Partial navment for Hill Trial N./50th Street M/S/P Siedow/Johnston — to adopt Resolution No. 2004-004 Approving Compensating Change Order No. 1 in the amount of (-)$10,464.87 and Partial Payment No. 3 in the amount of $62,278.41 for Hill Trail North and 50th Street North to T.A. Schifsky, verified by the City Engineer's memo dated December 23, 2003. (Motion passed 4-0). E. Final Payment for Paintina & Renairs for Fire Station No. 1 M/S/P Siedow/Johnston — to approve the Final Payment in the amount of $22,522.00 to A.J. Spanjers Co., Inc. for exterior repairs for Fire Station No. 1, verified by T.Franzen's memo dated December 26, 2003. (Motion passed 4-0). F. Resolution No. 2004-005 Final Payment for 50th Street Reconstruction M/S/P Siedow/Johnston — to adopt Resolution No. 2004-005 Approving Compensating Change Order No. 1 in the amount of $35,860.11 and Final Payment to T.A. Schifsky in the amount to $26,085.55 for 50th Street North Construction, verified by the City Engineer in his memo dated December 30, 2003. (Motion passed 4-0). 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Undate on Fire Department: Chief Malmquist (Not In Attendance) The Capital City Mutual Aid Agreement was reviewed and approved by the City Attorney. The duration of the agreement is for the date of execution to December 31, 2006, or roughly a three-year period. M/S/P Siedow/Johnston — to approve the Capital City Mutual Aid Agreement dated November 12, 2003. {Motion passed 4-0). 8. CITY ENGINEER'S REPORT: None 9. PLANNING, LAND USE & ZONING: None 10. CITY ATTORNEY'S REPORT: Attorney Filla gave a brief summary of revenues compared to legal expenses. He reported the mediation meeting for former employee Mike Buckles will be Wednesday, January 7th at the League of MN Cities Office. A. Hazardous Structure on 37t Street Attorney Filla reported the trial is schedule for spring. He has had some contact with the property owner's attorney regarding things that have been done. Filla will have a report for the next Council meeting. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 5 11. CITY ADMINISTRATOR'S REPORT: A. Employee Pay Plan The Acting Administrator provided a new 2004 Pay Plan that the Council was introduced to and discussed at the December 340, 2003 Workshop. The only change he made to the Plan since December 30 is to remove the words "Draft" and "New" from the title. He pointed out on December 30 that the shaded cells on the Plan represent where the respective City staff will be placed on the Plan. That placement is dictated by the respective 2003 salaries plus 2.1%, and then the next even step. All employees have received their 2003 Performance Evaluation and Step adjustment on or about their anniversary dates. M/S/P Johnston/Siedow — to adopt Resolution No. 2004-006, adopting the new 2004 Employee Pay Plan. (Motion passed 4-0.) B. Personnel Policy Amendment — Personal Time off (PTO) The Acting Administrator reported at the December 30 workshop the Council was introduced to and discussed a Personal Time Off (PTO) Policy that would replace the City's existing vacation and sick leave policies. He provided a policy with some modifications that were discussed at the workshop. Under the Extended Illness Bank paragraph, Dillerud suggested removal of the word "consecutive" and should read "...only after an employee has used 10 days of Paid Time Off." Under the Exempt Employee Flex -Time Guidelines paragraph, the Council discussed the proposed Flex -time for exempt employees on a 1 ; 1 ratio fof attending various meetings outside of their normal work day. The Council postponed action on this item until the January 20th Council meeting. MIS/P Johnston/Siedow — to adopt Resolution No. 2004-007, as amended, Amending the City's Personnel Policy by deleting the "Vacation" and "Sick Leave" sections in their entirety; and adding a new section entitled "Personal Time Off". (Motion passed 4-0). The Acting Administrator reported the City received a single proposal for medical insurance. The current vendor doesn't mention anything of cafeteria strategy. This item will be brought up at the January 20th Council meeting. C. Metropolitan Council M/S/P Johnston/DeLapp — to direct the staff to appeal the decision of the Appeals Couth to the Supreme Court. (Motion passed 4-0.) 12. CITY COUNCIL REPORTS: Council member DeLapp indicated there will be a meeting on Thursday, January 8, 7 p.m., at Century College with Rebecca Otto, who invited two former finance commissioners to talk about finances. Council member Johnston reported AMM posted a link to the Court of Appeals decision in the Lake Elmo vs. Metropolitan Council case. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 6 Council Adjourn the meeting at 7:50 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. 2004-001 Approving Claims 2004-002 Final Payment for Eagle Point Blvd I 2004-003 Final Payment for Eagle Point Blvd II 2004-004 Partial Payment for Hill Trail N./50th Street 2004-005 Final Payment for 50th Street Reconstruction 2004-006 2004 Employee Pay Plan 2004-007 Personnel Policy Amendment — Personal Time Off (PTO) LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 7 MINUTES APPROVED: January 6, 2004 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 16, 2003 6:00 P.M. EXECUTIVE SESSION: Met Council Litigation Mayor Hunt called the Council meeting to order at 7 p.m. in the Council Chambers. PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, Attorney Filla, Acting Finance Director Tom Bouthilet, Building Official Jim McNamara, and Acting Administrator/Planner Dillerud. 1. AGENDA ADD: 12C. December 26 city hall closed, 12D. Met Co Litigation, 12E. Proposal for Volunteer & Employee Recognition party, 12F.Personnel actions 12/2 as to how to proceed. Delete: 4B. per Tom Prew, Council member DeLapp brought up a letter with concerns on lighting from a particular property on Highway 5. The Planner responded staff is currently looking at our zoning, and he would write a letter to the property owner asking them to shield lights. If there is a problem, then Dillerud will bring the item to the Council. NUS/P Dunn/Johnston - to approve the December 16, 2003 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: December 2, 2003 M/S/P Johnston/Dunn - to approve the December 2, 2003 City Council minutes, as amended. (Motion passed 5-0). 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Donation by Lake Elmo Jaycees Eric Sorenson, President of the Lalce Elmo Jaycees, presented the Council with a check from for $11,000 to refurbish the Council chambers. 4. CONSENT AGENDA: A. Annoint Alternate — Ramsev/Washineton Cable Commission Lake Elmo's representative to the Ramsey/Washington Cable Commission, Ginny Holder, has requested the City to appoint an Alternate Member to the Commission to cover Commission meetings she is unable to attend. Ginny has recommended Amy Modean, 8312 Deer Pond Trail, be appointed as the Cable Commission Alternate Representative. M/S/P DeLapp/Dunn — to appoint Amy Modean, 8312 Deer Pond Trail, as an Alternate Lake Elmo representative to the Ramsey/Washington Cable Commission. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 16, 2003 1 B. Wildflower Shores — Amend Landscape Plan, Accent Public Improvements and Release The City Engineer certified that the public improvements constructed in the Wildflower Shores neighborhood are completed. The applicant has submitted a revised landscape plan that modifies wetland features of the site in keeping with DNR directions and adjusts interior trail design at one location. The City Planner indicated the DNR has decided not to accept some of the wetland bankings on the site. The numerous trees that died in the outlots have been replaced by the developer. Staff is working with Wildflower regarding additional tree plantings in the outlot that go beyond that of the approved landscape plan. M/S/P DeLapp/Johnston — to accept the public improvements of Wildflower Shores; and, to release Travelers Insurance Bond 37SB103318163 verified by the recommendation of staff and the City Engineer. (Motion passed 5-0). C. Old Village Plan Traffic Model/Analysis Recommendations On October 21 the Council tabled the Old Village Plan and directed investigation of the potential physical impacts of the draft plan that the Planning Commission has recommended. The City had already contracted TICDA to complete surface water planning and public water system planning earlier this year —including the Old Village Area in both cases. That work is being paid for from the respective Enterprise Funds. On October 21 the Council authorized a contract with North American Wetland Engineering to design and price the wastewater component of the draft Old Village Plan. The Planner indicated the only significant physical impact that should be quantified at this point is traffic, and he provided a proposal from TKDA to undertake the traffic modeling and analysis. The fee proposed of $18,700 would be paid from the Tax Abatement Reserve Account. M/S/P DeLapp/Dumi - to authorize the Mayor and Acting City Administrator to enter into a contract on behalf of the City with TKDA in the not -to -exceed amount of $18,700 for the completion of traffic modeling and analysis of the Draft Old Village Plan and the fees would be taken out of the Tax Abatement Reserve Account. (Motion passed 5-0). 10. CITY ATTORNEY'S REPORT: Attorney Filla reported the Discovery was due on the Hidden Bay property this week. The Building Official has taken photographs on the alleged hazardous building on 37th Street. 11. CITY ADMINISTRATOR'S REPORT: A. Recommendation on Heavy Equipment Operator Based on application data, reference checks and personal interviews, staff recommended the City hire Gerald T. Magnuson (GT) as a Heavy Equipment Operator. Mr. Magnuson LAKE ELMO CITY COUNCIL MINUTES DECEMBER 16, 2003 3 D. Met Co Decision The Acting City Administrator reported the Minnesota Court of Appeals rendered their opinion and did not rule in the City's favor. Our attorneys and staff will come to the Council with some suggested strategies to pursue our options. E. Volunteer Recognition Party The Acting Administrator indicated the City will get back on track for this year to hold a Volunteer Recognition Party. He suggested the City extend the invite to employees and called it an employee recognition party. The City Attorney is reviewing the Brooklyn Park opinion on spouse attendance and will come back with a recommendation. F. Human Resource-Emnlovee Compensation The Acting Administrator indicated he sent a memo dated December 2"d to Council per in response to a meeting of the HR. There were suggestions made on how to address compensation and he took the recommendation from the Springsted report on pay classification plan and adopt as the City's new pay plan and adopt the consultants' findings with how to address fringe benefits. The City Council will hold a workshop to discuss the Employee Compensation Plan on Tuesday, December 30th at 5 p.m. 12. CITY COUNCIL REPORTS: Council member DeLapp reported he was invited to a 3-day retreat with National Parks Service, an organization that will study planning and environmental issues for cities along the St. Croix River. Council member Dunn attended the Fire Department Appreciation Night on December 13, 2003. Dunn asked that Baytown Township receive a copy of the letter from Brian LeClair. It was noted that it would be nice if the decorative Christmas lights that worked could be installed. The Council wished everyone a Happy Holidays. Council adjourned the meeting at 7:58 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2003-103 Approve Claims Resolution No. 2003-104 Adopt 2004-2008 Capital Improvement Program LAKE ELMO CITY COUNCIL MINUTES DECEMBER 16, 2003 5 Big Brothers Big Sisters of the Greater Twin Cities January 7th, 2004 City Council The City of Lake Elmo 3800 Laverne Avenue Lake Elmo, MN 55042 To whom it may concern: Thank you for including us on the agenda for the City Council Meeting on January 20, 2004. Enclosed are materials describing Big Brothers/Big Sisters and the School -Based program to be included in the packet. Thaou, f Scot Johnson Match Coordinator 651-789-2449 sjohnson@bigstwincities.org tinged Way Affiliated Agency 2550 University Avenue, Suite 410N, St. Paul, MN 55114 TEL: 651.789,2400 FAX: 651.789,2499 WEB: www.bigstwincities,org sissssc Big Brothers Big Sisters of the Greater Twin Cities AGENCY OVERVIEW Mission Statement The mission of Big Brothers Big Sisters is to make a positive difference in the lives of children and youth, primarily through a professionally supported one-to-one relationship with a caring adult, and to assist them in achieving their highest potential as they grow to become confident, competent, and caring individuals. VISION Big Brothers Big Sisters of the Greater Twin Cities (BBBS) creates long-term friendships for children with committed, responsible adult volunteers to promote healthy child development. VALUES At BBBS, we value: mentoring one child at a time; the contribution and commitment of volunteers; becoming a diversity rich organization, the professionalism of our staff; adapting as culture and society change; and fostering collaborative relationships. GOVERNANCE BBBS is an independent, volunteer -directed community organization governed by a 40-member board of directors and is a member in good standing of Big Brothers Big Sisters of America. • Board Chair: Kris Donnelly, Affinity Group • Board Chair Elect: Greg Page, President, Cargill, Inc. • President: Kathleen C. Pickering OUR CHARTER In July 2002, Big Brothers Big Sisters of Greater Minneapolis and Big Brothers Big Sisters of Greater St. Paul consolidated to become Big Brothers Big Sisters of the Greater Twin Cities. For over 80 years the Big Brothers Big Sisters' model of one-to-one professionally supported relationships has provided this area with a proven approach to reaching and helping children. BBBS matches children, ages seven to thirteen, often living in single parent households. Seventy percent of the children BBBS serves receive free or reduced -priced school lunches and a significant number are children of color. Many are in trouble at school and most are unsupervised during the afternoon hours when incidents of youthful crime reach their highest point. These are children who will benefit most from an ongoing relationship with a caring adult just at the time when their world is expanding outside the home, before they may have slipped behind in school or become too susceptible to negative peer pressure. All volunteers are at least 19 years of age, and the majority are residents of Minneapolis/St. Paul and surrounding suburbs. Prior to being accepted as a Big Sister or Big Brother, each volunteer completes a screening process, including a criminal background check, three personal references, a training session and a thorough interview with a professional match coordinator. SERVICE AREA The service area of Big Brothers Big Sisters of the Greater Twin Cities includes the following counties: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, McLeod, Ramsey, Scott, Washington, & Wright. 2550 University Avenue, Suite 410N, St. Paul, MN 55114 TEL: 651,789,2400 FAX: 651,789,2499 WEB: www,blgshwincities,org United Way Affiliated Agency Big Brothers Big Sisters of the Greater Twin Cities School -based Mentoring What is school -based mentoring? School -based mentoring is a programming alternative for volunteers that easily fits into schedules and provides a break from the "adult" schedule. Big Brothers Big Sisters of the Greater Twin Cities is working with over 30 schools throughout the metro area. Volunteers go to the school and build a friendship with a child who can benefit from having a little extra adult attention. What's the time commitment of school -based mentoring? Adult mentors are asked to commit to a child for one school year. The adult mentor will meet with their "Little" once a week for one hour. What activities are available at school? With the help of the match coordinator and/or the child's teacher, the mentor and child will choose activities they both enjoy. Spending time in the library, the computer lab, the gym, or just reading or playing games in the classroom are all possibilities. Volunteers have the option to meet for lunch or after school to participate in additional activities planned by Big Brothers Big Sisters staff. When and where do the mentor and child meet? The match will always meet at the school location. The mentor and the Big Brothers Big Sisters Match Coordinator will have an opportunity to discuss with school personnel the best time for the match to meet. A consistent weekly schedule is preferred but not necessary. How do the children and volunteers become involved? Kids are referred to the program by their teachers or other school personnel, with the parent's approval. Each adult volunteer is matched with one Little Brother or Little Sister after full screening and training. Studies show that school -based mentors make a measurable difference in the life of a child. According to teachers involved nationwide with this program: 640/0 of students develop more positive attitudes toward school! 580/0 achieved higher grades in social studies, languages and math! 600/0 improved relationships with adults and 560/0 improved relationships with peers! 55% were better able to express their feelings! 640/0 developed higher levels of confidence! 620/0 were more likely to trust teachers! 2550 University Avenue, Suite 410N, St, Paul, MN 55114 TEL: 651,789.2400 FAX: 651.789.2499 WEB: www.bigstwincitles.org Big Brothers Big Sisters Of the Greater Twin Cities School Program Evaluation Report In the spring of 2003 Big Brothers Big Sisters conducted its first area wide school outcome evaluation. Surveys were given at the end of the school year to teachers, students and their Bigs. The purpose of this program study was to determine the impact of our school -based mentoring relationships and where the program was positively effecting youth development. Seventeen schools participated in this program and 318 students (grades 1 - 8) were matched with a school Big Brother or Big Sisters. The response rate for this survey varied with each group of participants. • Teachers • Students • School Bigs N=160 N=180 N=100 Length of match (duration) was broken down into three categories: • Six months or less • Seven to twelve months • Over twelve months N=138 (43.4%) N=1 17 (36.8%) N=63 (19.8%) The majority of the students who participated in this survey were matched less than nine months. Key Findings Survey results provide feedback on four key evaluation questions: • Are Big Brothers Big Sisters relationships helping the student develop assets in the areas of confidence, competence and caring? (20 developmental assets were evaluated) • Are match relationships of a high quality and mutually satisfying for the student and the Big? • Do students, teachers and Bigs feel the program made a difference? • How did the student change as a result of having a school Big Brother or Big Sister. would change centered around having more contact with the Big, both in and out of school. They also wanted to see their Bigs stay involved for years to come. The following are examples of comments from the individuals involved in/or observing this program: Assistant Principal - "absolutely beneficial and effective - all my students were matched with wonderful Bigs." Teachers - "These friendships are very important." Kids need someone to discuss life issues with." "Big Brothers and Big Sisters helped my students blossom and open up." "I would really like to see Big Brother Big Sisters continue. Students need a positive and supportive friend." "I've seen positive results in student behavior and performance." "My students have built great relationships with positive role models." Bigs - "My little Brother feels he's accountable to me. He now takes pride in his work and we share his academic struggles and successes." "My Little Sister struggles with many life issues. - fear, friends and family concerns. I feel she is happier and more relaxed as a result of our relationship. Students: - "She opened my eyes to a new kid". - "My Big helped me become a better person." - "She challenged me to do my best." I think more, make sure my answers are correct, get better grades. - My attitude and behavior has changed. - I'm nicer to people, get along better with peers. I am more respectful of my teachers. I learned to calm down, control my anger. I don't get into fights as much. - I feel better about myself, don't cry at school anymore. - "Life is better." How can we improve the program? • Offer more flexibility in the times we can see students. • Only select students who are motivated for this program. • Students with serious attitude behavior problems aren't a good fit for this program. • Don't offer the program to students who are already doing well. Lake Elmo City Council January 20, 2004 Agenda Section: PUBLIC INFORMATIONAL No. 3B. Agenda Item: 2004 BOARD OF APPEAL AND EQUALIZATION MEETING Backeround Information for January 20. 2004: The Lake Elmo Board of Review will meet at City Hall on Wednesday, May 5, 2004, between the hours of 4:00 and 6:00 for the purpose of reviews and correcting the assessment of said Real Estate for the year 2004. The 2004 Assessment Report will be delivered to the City prior to the board meeting. Action Items: Announce May 5, 2004 as the date of the 2004 Board of Review Attachments: Person resnonsible: S .Lumby 2004 tentative meeting schedule Board of Appeal and Equalization City/ Township West Lakeland Grey Cloud New Scandia Lakeland Oak Park Heights Pine Springs Marine Kir Mahtomedi Baytown Stillwater Twp Grant May Afton firiaVW Dellwood Denmark St Mary's Point Hugo Lakeland Shores Woodbury Forest Lake Lake Elmo Lake St Croix Beach Willernie Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board & Open Book Meetings or mat Pay. Monday Monday Tuesday Tuesday Tuesday Tuesday Wednesday Tuesday Wednesday Thursday Monday Tuesday Tuesday rka Monday Tuesday Tuesday Thursday Thursday Thursday Monday Wednesday Thursday Monday 1st meeting Time April 5, 2004 9-10 am April 5, 2004 5:00-6:00 April 6, 2004 9-10 am April 6, 2004 5:30-6:30 April 6, 2004 6:00-7:00 April 6, 2004 7:30-8:30 April 7, 2004 9-10 am Time April 13, 2004 5:00-6:00 April 14, 2004 4:00-5:00 April 15, 2004 5:00-6:00 .April 19, 2004 6:00-7:00 April 20, 2004 9-10 am April 20,20il04 6:00 Apri1.26, 2004 5:00-6:00 April 27, 2004 4:30-5:30 April 27, 2004 6:30-7:30 April 29, 2004 10-11 am April 29, 2004 7:00-8:00 April 29, 2004 7:00-8:00 May 12, 2004 7:00 May 3, 2004 5:30-7:00 May 5, 2004 4:00-6:00 May 6, 2004 6:00-7:00 May 10, 2004 5:30-6:30 NMI Lake Elmo City Council January 20, 2004 Agenda Section: PUBLIC INFORMATIONAL No. 3C. Agenda Item: Employee and Volunteer Recognition Party Background Information for January 20. 2004: The Employee and Volunteer Recognition Party will be held at the Machine Shed, Pavilion Room, on Friday, February 20, 2004. There will be Hors d'Oeurves (cash bar) at 6:00 p.m. with dinner at 7:00 p.m. The City will extend invitations to all employees, community volunteers and their spouses/guest to attend the Annual Recognition Party. Person resnonsible: S.Lumby Attachments: Lake Elmo City Council January 20, 2004 Agenda Section: CONSENT AGENDA No. 4A. Agenda Item: MEMBERSHIPS (1) Greater Stillwater Chamber of Commerce (2) Association of Metropolitan Municipalities (3) Sand Creek Group Background Information for January 20, 2004: The following memberships are up for renewal for Year 2004. (1) Greater Stillwater Chamber of Commerce: Annual Membership Dues of $325.00 (2) Association of Metropolitan Municipalities: $2,422.00 (3) Sand Creek Group: $750.00. Action Items: Approve the memberships for 2004 Attachments: Person resnonsible: S.Lumby P.O. Box 516 106 S. Main St. Stillwater, MN 55082 651-439-4001 BILLTO: City of Lake Elmo attn: Mayor Lee Hunt 3800 Laverne Ave. N. Lake Elmo, MN 55042 DESCRIPTION Annual Membership Dues @ 11-15 full time equivalent employees TERMS Net 20 days DATE 1/5/2004 Invoice INVOICE # 1585 RENEWAL MO January AMOUNT 325.00 Total $325.00 Association of Metropolitan Municipalities December 30, 2003 Mr. Charles Dillerud Acting Administrator 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear Charles: Enclosed please find an invoice for your city's 2004 AMM membership dues. As we noted in our preliminary dues notice this past summer, the AMM Board of Directors has reduced our 2004 operating budget and frozen member dues at their 2003 level in an effort to respond to these challenging economic times. Your continued membership and participation in AMM is greatly appreciated. During 2004, AMM will be focusing its legislative efforts on the state budget, spending and expenditure limits including levy limits, transportation funding and regional government issues. At the regional level, we will be closely monitoring the Metropolitan Council's work developing the four policy plans that coincide with the 2030 Framework. Again, thank you for your continued membership. If you have any questions or if we can be of assistance at any time throughout the year, please don't hesitate to call me at (651) 215 — 4001. Sincerely, Eugene Ranieri Executive Director 145 University Avenue West Saint Paul, Minnesota 55103-2044 Telephone: (651) 215-4000 Fax: (651) 281-1299 E-mail: amm@amm145.org , Association of Metropolitan Municipalities (AMM) 145 University Ave W, St. Paul, MN 55103-2044 Phone: 651-215-4000 SOLD TO Account # 564 Phone: Charles Dillerud c/o Lake Elmo 3800 Laverne Ave N Lake Elmo, MN 55042, USA Date Ordered: 12/30/2003 Due Date: 01/30/2004 Customer PO: SHIP TO Phone: Charles Dillerud c/o Lake Elmo 3800 Laverne Ave N Lake Ehno, MN 55042, USA Account Terms: Net 30 Tax Status: Taxable Reference: 2004 Membership Dues Item # Description Membership Dues for the City of Lake Ehno Thank you! Amount Paid as of Printout Date: Balance Due as of Printout Date: $ 0.00 $2,422.00 Sales Order #605 Shipper: Salesperson: Laurie Jennings Unit Ordered Ship Tax Unit Price �e?/—(FM -New'- 44(33e 1 0 ❑ $2,422.00 Pretax Subtotal: Taxable Items: Nontaxable Items: 0 Percent Sales Tax: Sales Order Total: Total $0.00 $ 2,422.00 $ 0.00 $ 2,422.00 $ 0.00 $ 2,422.00 Page 1 of 1 aua Creek INNOVATORSIN BEHAVIORAL HEALTH CARE Employee Assistance Agreement between The Sand Creek Group, Ltd. and The City of Lake Elmo I. Services Provided: 333 North Main Street Suite 203 Stillwater, MN 55082 (651) 430-3383 www. sandcreekeap. corn The program contract includes the following services: 1. Full service coverage for The City of Lake Elmo employees and their household members. 2. Employee Assistance personnel policy development and consultation. 3. Supervisory training of management personnel in the use of the program. 4. Employee orientation seminars to familiarize your employees with the services available to them. 5. Promotional materials including brochures, posters and newsletter articles to keep your Employee Assistance Program visible to your employees, and their families. 6. Ongoing consultations with managers and supervisors to assist them in utilizing the EAP within your organization. 7. Confidential assessment, referral and brief counseling to be provided to all employees, and their family members. Up to four sessions of counseling based on the clinical recommendation of EAP counselor. Each session being comprised of one clinical hour. All of the employees of The City of Lake Elmo and their family members may contact The Sand Creek Group for assessment, brief counsel and, when necessary, referral free -of -charge to them. No limit is placed on the number of assessments and referrals made annually. All contact is strictly confidential. 8. 24 hour telephone crisis intervention. 9. Worksite visits from an EAP representative to continually evaluate the status of the program and your satisfaction. " Whatever you can do, or dream you can begin it. Boldness has genius, power and magic in it." Goethe II. Coordination o&Services: The City of Lake Elmo agrees to work with the EAP representative in informing its employees of this agreement and the services which are available to them. III. Use of Name: The City of Lake Elmo agrees to allow The Sand Creek Group, Ltd to list the City as a customer on promotional materials. IV. Eligibility: All employees of The City of Lake Elmo and members of their household who are experiencing personal, emotional, family or social problems which have direct, indirect or potential effects on work performance or personal well being, are eligible for the services of the Employee Assistance Program. V. Employee Participation: A workingpolicy of the EAP is that Employee participation in the EAP will affect neither future employment or advancement nor protect employee from disciplinary action for continued substandard performance. VI. Reporting: The Sand Creek Group, Ltd will provide quarterly reports on program utilization. No information on individual employees will be released outside of The Sand Creek Group without the written consent of the employee. VIL Retainer Cost: The annual retainer charged by The Sand Creek Group, Ltd. for the employee services is as follows: Number of employees 10 Annual EAP Administrative Fee $750.00 Term of Contract February 15. 2004 to February 14. 2005 Optional Services: Organization Development Services Trauma Team Services Bag Lunch Seminars: $200.00 per hour $200.00/hour/counselor $200.00 per hour of presentation/facilitation The Sand Creek Group, Ltd. S.D.G. VIII. Fee for Ongoing Counseling: Payment for any ongoing counseling services beyond the initial diagnostic screening will be the responsibility of the employee/family member. IX. Modification or Termination of Contract: This contract may be modified in writing at any time by the mutual consent of the parties. Either The City of Lake Elmo or The Sand Creek Group, Ltd may cancel this agreement at any time upon 90 day notice, in writing, to the other party. The Sand Creek Group, Ltd. / �� f-t/ t/,Z wiz/ OctetchenM. Stein, Ph.D., CEAP Date President & Chief Executive Officer The Sand Creek Group, Ltd GMS.jes The City of Lake Elmo Date The Sand Creek Group, Ltd. S.D.G. Lake Elmo City Council January 20, 2004 Agenda Section: CONSENT AGENDA No. 4B. Agenda Item: Authorization for Professional Services (1) 34T11 Street Lift Station Upgrades (2) 2004 Bituminous Overlay Project (3) 50th Street Pond Study Background Information for January 20, 2004: (1) 34th Street Lift Station Upgrades The City Engineer is requesting authorization for professional services to upgrade the 34th Street Lift Station at an estimated amount of $3,000. Upgrades to include construction of separate valve vault to contain check valves and control valves, replacement of plastic piping with stainless steel pipes, and replacement of pump lifting chains and rails with stainless steel. M/S/P to authorize the professional services of Tom Prew, TKDA, for the 34th Street Lift Station Upgrades at an estimated cost of $3,000, verified by the City Engineer in his professional services agreement dated January 8, 2004. (2) 2004 Bituminous Overlay Proiect The City Engineer is requesting authorization for professional services for the bituminous overlay projects at an estimated cost of $10,000 for the following streets: 49th Street Jane Circle Jasper Avenue Jerome Avenue MIS{P to authorize the professional services of Tom Prew, TKDA, for the 2004 Bituminous Overlay Projects at an estimated cost of $10,000, verified by the City Engineer in his professional services agreement dated January 8, 2004. (3) 50th Street Pond Study (Wetland near the intersection of 50th Street and Hill Traill The City Engineer is requesting authorization for professional services for the 50th Street Pond Study at an estimated cost of $12,000. The purpose of the study is two fold. First, to determine if a gravity or pumped outlet could be constructed to reduce the possibility of flooding. Second, to determine if this pond can be used as a detention basin for street runoff. Currently the street runoff discharges directly to Lake Olson M/S/P to authorize the professional services of Tom Prew, TKDA, for the 50th Street Pond Study at an estimated cost of $12,000, verified by the City Engineer in his professional services agreement dated January 8, 2004. CITY OF LAKE ELMO, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 1500 Piper Jaffray Plaza 444 Cedar Street St. Paul, Minnesota 55101 Pursuant to our Agreement dated February 2, 1988, you are hereby authorized to proceed with the professional services described as follows: 50TH STREET POND STUDY I. PROJECT DESCRIPTION The wetland near the intersection of 50th Street and Hill Trail has been a problem for a number of years. There are two homes built low next to this land -locked pond which have experienced continual problems with high water levels. The purpose of this study is two fold. First, to determine if a gravity or pumped outlet could be constructed to reduce the possibility of flooding. Second, to determine if this pond can be used as a detention basin for street runoff. Currently the street runoff discharges directly to Lake Olsen. If approval is given for this Project, construction of an outlet and other improvements would be done. II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. PLANS 1. Study and Renort Phase Upon receipt of authorization to proceed with the Study and Report Phase, TKDA shall: a. Consult with the OWNER to clarify and define the OWNER'S requirements for the Project and review available data. -1- b. Advise the OWNER as to the necessity of the OWNER'S providing or obtaining from others, data or services of the type(s) described under the General Agreement and act as the OWNER'S representative in connection with any such services. c. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. d. Perform a limited topographic survey of the pond and low structures around it. e. Conduct professional studies and evaluations resulting in the preparation of a Report containing: 1) Schematic layouts, sketches, and conceptual design criteria to indicate the considerations involved, 2) Alternative solutions available to the OWNER, 3) TKDA'S opinion of probable construction costs, and 4) TKDA'S findings and recommendations. f. Furnish 10 copies of the Study and Report, and review them with the OWNER. 2. Preliminary Design Phase Upon receipt of authorization to proceed with the Preliminary Design Phase, TKDA shall: a. In consultation with the OWNER and on the basis of the accepted Study and Report, confirm the general scope, extent and character of the Project. b. Advise OWNER as to the necessity of OWNER'S providing or obtaining from others data or services of the type(s) described under the General Agreement, and act as OWNER'S representative in connection with any such services. As a minimum, the following special services will be required in connection with this phase of the Project: 1) Wetland Delineation: TKDA shall subcontract with a qualified wetland delineator. 2) Topographic Survey: TKDA shall conduct field surveys as appropriate for preliminary design purposes. -2- 3) Property. Easement or Rieht-of-Way Surveys: The OWNER shall contract directly with a Registered Land Surveyor to establish or locate necessary property, boundary, easement or right-of-way monuments or lines, and/or to prepare related legal descriptions and plats. c. Prepare preliminary design documents consisting of final design criteria, preliminary drawings, outline specifications, opinion of probable construction costs, and findings and recommendations; and review with the OWNER. 3. Final Design Phase On the basis of the approved Preliminary Design Phase documents, TKDA shall: a. Advise the OWNER as to the necessity of the OWNER'S providing or obtaining from others, additional data or services of the type(s) described under the General Agreement, and act as the OWNER'S representative in connection with any such services. As a minimum, those special services identified above as being required during the Preliminary Design Phase, will be supplemented to the extent necessary for Final Design. b. Prepare for incorporation in the Contract Documents final drawings and specifications setting forth in detail the requirements for the constriction of the Project. c. Assist the OWNER in connection with the OWNER'S responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. d. Advise the OWNER of any adjustments to the latest opinion of probable construction cost caused by changes in extent or design requirements of the Project and furnish a revised opinion of probable construction cost based on the drawings and specifications. e. Prepare for review and approval by the OWNER, his legal counsel and other advisors contract agreement forms, general conditions, supplementary conditions, bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. f. Submit copies of the above documents and of the drawings and specifications to the OWNER. Make minor revisions and adjustments following the OWNER'S review. - 3 - B. CONSTRUCTION ADMINISTRATION 1. Bidding Phase During the Bidding Phase, TKDA shall: a. Reproduce final Contract Documents and related Contract Forms for bidding and construction purposes. b. Assist the OWNER in obtaining bids for one prime contract. c. Prepare bid tabulation. d. Assist the OWNER in evaluating bids and in assembling and awarding the contract. 2. Construction Phase - General Services During the Construction Phase, TKDA shall provide the following general services: a. Consult with and advise the OWNER and act as the OWNER'S representative as provided in the Contract Documents. b. Attend and assist the OWNER with pre -construction conference to be attended by the Contractor, the OWNER and others as may be requested by the OWNER. c. Provide reference points, on a one-time basis, for the Contractor's use in laying out the work, said reference points to be based upon property, boundary, easement, or right-of-way surveys provided by the OWNER pursuant to the General Agreement. d. Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional, the progress and quality of the executed work of the Contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. e. Review and approve (or take other appropriate action with respect to) Shop Drawings (as that term is defined in the Contract Documents), samples, and other data which the Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. -4- g. Issue all instructions of the OWNER to the Contractor; issue necessary interpretations and clarifications of the Contract Documents and in connection therewith, prepare change orders as required; have authority, as the OWNER'S representative, to require special inspection or testing of the work. Based on TKDA'S periodic on -site observations as an experienced and qualified design professional, determine payments to the Contractor in such amounts; such recommendations of payment will constitute a representation to the OWNER, based on such observations and review, that the work has progressed to the point indicated, that, to the best of TKDA'S knowledge, information and belief, the quality of such work is in accordance with the Contract Documents. h. Conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the work appears to have been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations thereunder, so that TKDA may recommend, in writing, final payment to Contractor and may give written notice to the OWNER and the Contractor that the work is acceptable (subject to any conditions therein expressed). TKDA shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 3. Construction Phase - Resident Services In addition to the above General Services, TKDA shall provide the services of a Resident Project Representative (and assistants as agreed) at the site to assist TKDA and to provide more continuous observation of the Contractor(s) work. The Resident Project Representative (and any assistants) will be TKDA'S agent or employee and under TKDA'S supervision. Resident Project Representative's dealings in matters pertaining to the on -site work shall in general, be only with TKDA and the Contractor, and dealings with subcontractors shall only be through or with full knowledge of the Contractor. Written communication with the OWNER will be only through or as directed by TKDA. Through the observations of the work in progress and field checks of materials and equipment by the Resident Project Representative, TKDA shall endeavor to provide further protection for the OWNER against defects and deficiencies in the work of the Contractor; but the furnishing of such resident Project representation will not make TKDA responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for the Contractor's failure to perform his work in accordance with the Contract Documents. -5- III. ADDITIONAL SERVICES If authorized in writing by OWNER, TKDA shall furnish or obtain from others Additional Services of the types listed below which are not considered as normal or customary services. Additional Services shall be compensated for on an Hourly Rate basis as defined in the General Agreement, a part hereof, and such compensation shall be over and above any maximums or lump sum amounts set forth in this Authorization. A. Registered land or right-of-way surveys, right-of-way mapping; plats; legal descriptions; land appraisals, negotiations and/or related services. B. Investigations of existing conditions or facilities or to make measured Drawings thereof, or to verify the accuracy of Drawings or other information furnished by the OWNER. C. Soil borings and laboratory tests for design purposes; field and/or laboratory tests taken during construction to determine compliance with the Contract Documents. D. Providing analyses of the OWNER'S needs and programming the requirements of the Project; investigations involving detailed consideration of operations, maintenance and overhead expenses; providing Value Engineering during the course of design; the preparation of cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; detailed quantity surveys of material, equipment and labor. E. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. F. Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, the OWNER'S schedule, or character of construction or methods of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond TKDA'S control. G. Furnishing the services of special consultants for other than the normal civil, structural, mechanical and electrical engineering and normal architectural design incidental thereto; providing renderings or models for the OWNER'S use; and providing data or services of the types described in the General Agreement when the OWNER authorizes TKDA to provide such data or services in lieu of furnishing the same in accordance with the General Agreement. H. Services in connection with change orders provided such change orders are required by causes not solely within the control of TKDA; services after the award of each contract in evaluating substitutions proposed by the Contractor(s); and in making revisions to Drawings and Specifications occasioned thereby, and services resulting from significant -6- delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. Preparing for the OWNER, on request, a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished by the Contractor(s) to TKDA and which TKDA considers significant. J. Additional or extended services during construction made necessary by: 1. Contractor's schedule; delays in construction caused by inclement weather, strikes or material shortages or unavailability. 2. Significant amount of defective or neglected work of the Contractor; default by the Contractor. 3. Work damaged by fire or other causes during construction. 4. Significant substitutes proposed by the Contractor; unreasonable number of claims submitted by the Contractor or others. 5. Observations during any guarantee period, and related services. K. Preparation of operating and maintenance manuals; protracted or extensive assistance in the utilization of any equipment or system (such as initial startup, testing, adjusting and balancing); and training personnel for operation and maintenance. L. Preparing to serve or serving as expert witness in connection with any legal or arbitration proceeding. M. Additional services in connection with the Project, including services not normally furnished by the OWNER and services not otherwise provided for in this Authorization and the General Agreement, a part hereof. IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in our General Agreement and as further described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide TKDA with access to the site as required to perform services listed in SECTION II above. -7- V. PERIOD OF SERVICE TKDA will start services promptly upon receipt of this executed Authorization and complete services by April 1, 2004. VI. COMPENSATION Compensation to TKDA for services provided under SECTION II.A.1 Study and Report Phase of this Authorization shall be on an Hourly Rate basis as defined in the General Agreement, this amount is estimated to be $12,000. If it appears at any time that charges for services rendered under SECTION II.A.1 will exceed the above amount, TKDA agrees that it will not perform services or incur costs which result in billing in excess of such amount until it has been advised by the OWNER that additional funds are available and its services can continue. Work under SECTIONS II.A.2 and 3, and II.B shall be on an Hourly Rate basis, and shall proceed only after authorization by the OWNER. A fee estimate for this work will be give as part of the Study and Report Phase. Approved at a meeting of the on , 20 By Attest Consultant Acceptance by , 20 Authorized TKDA Representative -8- CITY OF LAKE ELMO, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 1500 Piper Jaffray Plaza 444 Cedar Street St. Paul, Minnesota 55101 Pursuant to our Agreement dated February 2, 1988, you are hereby authorized to proceed with the professional services described as follows: 2004 BITUMINOUS OVERLAY PROJECT I. PROJECT DESCRIPTION In accordance with the Adopted 2004-2008 CIP, the following streets are scheduled to be overlaid in 2004: 49th Street Jane Circle Jasper Avenue Jerome Avenue II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. PLANS 1. Feasibility Report Phase Upon receipt of authorization to proceed with the Feasibility Report Phase, TKDA shall: a. Consult with the OWNER to clarify and define the OWNER'S requirements for the Project and review available data. b. Advise the OWNER as to the necessity of the OWNER'S providing or obtaining from others, data or services of the type(s) described under the - 1 - General Agreement and act as the OWNER'S representative in connection with any such services. c. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. d. Conduct professional studies and evaluations resulting in the preparation of a Feasibility Report containing one preliminary design, opinion of probable construction costs, preliminary assessment roll, Statement of Feasibility, and Project schedule, in accordance with the provisions of Minnesota Rules 429. e. Furnish 10 copies of the Feasibility Report, and review them with the OWNER. 2. Final Desien Phase On the basis of the approved Feasibility Report, TKDA shall: a. Advise the OWNER as to the necessity of the OWNER'S providing or obtaining from others, additional data or services of the type(s) described under the General Agreement, and act as the OWNER'S representative in connection with any such services. b. Prepare for incorporation in the Contract Documents final Drawings and Specifications setting forth in detail the requirements for the construction of the Project. c. Assist the OWNER in connection with the OWNER'S responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. d. Advise the OWNER of any adjustments to the latest opinion of probable construction cost caused by changes in extent or design requirements of the Project and furnish a revised opinion of probable construction cost based on the drawings and specifications. e. Prepare for review and approval by the OWNER, his legal counsel and other advisors Contract Agreement Forms, general conditions, supplementary conditions, bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. f. Submit copies of the above documents and of the Drawings and Specifications to the OWNER. Make minor revisions and adjustments following the OWNER'S review. -2- B. CONSTRUCTION ADMINISTRATION 1. Bidding Phase During the Bidding Phase, TKDA shall: a. Reproduce final Contract Documents and related Contract Forms for bidding and construction purposes. b. Assist the OWNER in obtaining bids for one prime contract. c. Prepare bid tabulation. d. Assist the OWNER in evaluating bids and in assembling and awarding the contract. 2. Construction Phase - General Services During the Construction Phase, TKDA shall provide the following general services: a. Consult with and advise the OWNER and act as the OWNER'S representative as provided in the Contract Documents. b. Attend and assist the OWNER with pre -construction conference to be attended by the Contractor, the OWNER and others as may be requested by the OWNER. c. Provide reference points, on a one-time basis, for the Contractor's use in laying out the work, said reference points to be based upon property, boundary, easement, or right-of-way surveys provided by the OWNER pursuant to the General Agreement. d. Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional, the progress and quality of the executed work of the Contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. e. Review and approve (or take other appropriate action with respect to) Shop Drawings (as that term is defined in the Contract Documents), samples, and other data which the Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, - 3 - techniques, sequences or procedures of construction or to safety precautions and programs incident thereto, f. Issue all instructions of the OWNER to the Contractor; issue necessary interpretations and clarifications of the Contract Documents and in connection therewith, prepare change orders as required; have authority, as the OWNER'S representative, to require special inspection or testing of the work. g. Based on TKDA'S periodic on -site observations as an experienced and qualified design professional, determine payments to the Contractor in such amounts; such recommendations of payment will constitute a representation to the OWNER, based on such observations and review, that the work has progressed to the point indicated, that, to the best of TKDA'S knowledge, information and belief, the quality of such work is in accordance with the Contract Documents. h. Conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the work appears to have been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations thereunder, so that TKDA may recommend, in writing, final payment to the Contractor and may give written notice to the OWNER and the Contractor that the work is acceptable (subject to any conditions therein expressed). TKDA shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 3. Construction Phase - Resident Services In addition to the above General Services, TKDA shall provide the services of a Resident Project Representative (and assistants as agreed) at the site to assist TKDA and to provide more continuous observation of the Contractor(s) work. The Resident Project Representative (and any assistants) will be TKDA'S agent or employee and under TKDA'S supervision. Resident Project Representative's dealings in matters pertaining to the on -site work shall in general, be only with TKDA and the Contractor, and dealings with subcontractors shall only be through or with full knowledge of the Contractor. Written communication with the OWNER will be only through or as directed by TKDA. Through the observations of the work in progress and field checks of materials and equipment by the Resident Project Representative, TKDA shall endeavor to provide further protection for the OWNER against defects and deficiencies in the work of the -4- Contractor; but the furnishing of such resident Project representation will not make TKDA responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or for the Contractor's failure to perform his work in accordance with the Contract Documents. III. ADDITIONAL SERVICES If authorized in writing by the OWNER, TKDA shall furnish or obtain from others Additional Services of the types listed below which are not considered as normal or customary services. Additional Services shall be compensated for on an Hourly Rate basis as defined in the General Agreement, a part hereof, and such compensation shall be over and above any maximums or lump sum amounts set forth in this Authorization. A. Registered land or right-of-way surveys, right-of-way mapping; plats; legal descriptions; land appraisals, negotiations and/or related services. B. Investigations of existing conditions or facilities or to make measured Drawings thereof, or to verify the accuracy of Drawings or other information furnished by the OWNER. C. Soil borings and laboratory tests for design purposes; field and/or laboratory tests taken during construction to determine compliance with the Contract Documents. D. Providing analyses of the OWNER'S needs and programming the requirements of the Project; investigations involving detailed consideration of operations, maintenance and overhead expenses; providing Value Engineering during the course of design; the preparation of cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; detailed quantity surveys of material, equipment and labor. E. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. F. Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, the OWNER'S schedule, or character of construction or methods of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond TKDA'S control. G. Furnishing the services of special consultants for other than the normal civil, structural, mechanical, and electrical engineering and normal architectural design incidental thereto; providing renderings or models for the OWNER'S use; and providing data or services of -5- the types described in General Agreement when the OWNER authorizes TKDA to provide such data or services in lieu of furnishing the same in accordance with the General Agreement. H. Services in connection with change orders provided such change orders are required by causes not solely within the control of TKDA; services after the award of each contract in evaluating substitutions proposed by the Contractor(s); and in making revisions to Drawings and Specifications occasioned thereby, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. Preparing for the OWNER, on request, a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished by the Contractor(s) to TKDA and which TKDA considers significant. J. Additional or extended services during construction made necessary by: 1. Contractor's schedule; delays in construction caused by inclement weather, strikes or material shortages or unavailability. 2. Significant amount of defective or neglected work of the Contractor; default by the Contractor. 3. Work damaged by fire or other causes during construction. 4. Significant substitutes proposed by the Contractor; unreasonable number of claims submitted by the Contractor or others. 5. Observations during any guarantee period, and related services. K. Preparation of operating and maintenance manuals; protracted or extensive assistance in the utilization of any equipment or system (such as initial start-up, testing, adjusting and balancing); and training personnel for operation and maintenance. L. Preparing to serve or serving as expert witness in connection with any legal or arbitration proceeding. M. Additional services in connection with the Project, including services not normally furnished by the OWNER and services not otherwise provided for in this Authorization and the General Agreement, a part hereof. -6- IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in our General Agreement and as further described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide TKDA with access to the site as required to perform services listed in SECTION II above. V. PERIOD OF SERVICE TKDA will start services promptly upon receipt of this executed Authorization and complete services by November 2004. VI. COMPENSATION Compensation to TKDA for services provided under SECTION II of this Authorization shall be on an Hourly Rate basis as defined in the General Agreement. If it appears at any time that charges for services rendered under SECTION II will exceed an estimated amount of $10,000, TKDA agrees that it will not perform services or incur costs which result in billing in excess of such amount until it has been advised by the OWNER that additional funds are available and its services can continue. Approved at a meeting of the on , 20 By Attest Consultant Acceptance by Authorized TKDA Representative ,20 -7- CITY OF LAKE ELMO, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 1500 Piper Jaffray Plaza 444 Cedar Street St. Paul, Minnesota 55101 Pursuant to our Agreement dated February 2, 1988, you are hereby authorized to proceed with the professional services described as follows: 34th STREET LIFT STATION UPGRADES I. PROJECT DESCRIPTION The OWNER proposes to upgrade the 34th Street Lift Station. Upgrades to include construction of separate valve vault to contain check valves and control valves, replacement of plastic piping with stainless steel pipes, and replacement of pump lifting chains and rails with stainless steel. II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. PLANS 1. Final Desien Phase Upon receipt of authorization to proceed TKDA shall: a. Prepare for incorporation in the Contract Documents final drawings and specifications setting forth in detail the requirements for the construction of the Project. In general the plans are to mirror the repairs done to the Legion Avenue Lift Station. b. Advise the OWNER of opinion of probable construction cost. c. Prepare for review and approval by the OWNER, his legal counsel and other advisors contract agreement forms, general conditions, supplementary conditions, quote forms, invitations to quote and other related documents. - 1 - C. Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, the OWNER'S schedule, or character of construction or methods of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond TKDA'S control. D. Services in connection with change orders provided such change orders are required by causes not solely within the control of TKDA; services after the award of each contract in evaluating substitutions proposed by the Contractor(s); and in making revisions to Drawings and Specifications occasioned thereby, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. E. Preparing for the OWNER, on request, a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished by the Contractor(s) to TKDA and which TKDA considers significant. F. Additional or extended services during construction made necessary by: 1. Contractor's schedule; delays in construction caused by inclement weather, strikes or material shortages or unavailability. 2. Significant amount of defective or neglected work of the Contractor; default by the Contractor. 3. Work damaged by fire or other causes during construction. 4. Significant substitutes proposed by the Contractor, unreasonable number of claims submitted by the Contractor or others. 5. Observations during any guarantee period, and related services. G. Preparing to serve or serving as expert witness in connection with any legal or arbitration proceeding. H. Additional services in connection with the Project, including services not normally furnished by the OWNER and services not otherwise provided for in this Authorization and the General Agreement, a part hereof. -4- IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in our General Agreement and as further described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide TKDA with access to the site as required to perform services listed in SECTION II above. V. PERIOD OF SERVICE TKDA will start services promptly upon receipt of this executed Authorization and complete services by July 1, 2004. VI. COMPENSATION Compensation to TKDA for services provided under SECTION II of this Authorization shall be on an Hourly Rate basis as defined in our General Agreement. If it appears at any time that charges for services rendered under SECTION II will exceed an estimated amount of $3,000, TKDA agrees that it will not perform services or incur costs which result in billing in excess of such amount until it has been advised by the OWNER that additional funds are available and its services can continue. Approved at a meeting of the on . 20 By Attest Consultant Acceptance by • 20 Authorized TKDA Representative -5- 4 G. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-008 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 182, 183, DD89 through DD97, 24992 through 25025, were used for Staff, payroll dated January 08, 2004, Claim Numbers 184, 25026 through 25079 dated 01/20/04 in the total amount of $364,288.89 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 20th day of January, 2004. Lee Hunt Mayor ATTEST: Charles E. Dillerud Acting City Administrator Accounts Payable Computer Check Proof List User. administrator Printed: 01/16/2004 - 6:20 AM Invoice No Vendor.ACEHARD 01982850 01983361 01983361 3567 3567 Vendor:ARAM 629-5382524 VendorBOYER 23124SP Vendor:CARQUEST D326912 Vendor:COPYIMAG 42952 Vendor:DNR Description Ace Hardware Supplies -Public Works Sidewalk Salt -City Hall Supplies -Public Works Equipment City Hall Supplies Parks Check Total: Aramark Linen -City Hall Check Total: Boyer Ford Trucks Parts -Public works Check Total: Car Quest Vehicle Parts -Public Works Check Total: Copy Images, Inc. Copier Maint. Agreement Check Total: DNR Waters Annual Water Permit Check Total: AP - Computer Check Proof List (01/16/2004 - 6:20 AM) Amount Payment Datelcct Number 20.49 34.04 12.10 42.59 38.51 147.73 01/20/2004 01/20/2004 01/20/2004 01/21/2004 01/21/2004 Check Sequence: 1 101-430-3100-42230 101-410-1940-42230 101-430-3100-42230 101-410-1940-44300 101-450-5200-42230 Check Sequence: 2 47.55 01/20/2004 101-410-1940-44010 47.55 Check Sequence: 3 68.92 01/20/2004 101-430-3100-42210 68.92 Check Sequence: 4 65.34 01/20/2004 101-430-3100-42210 65.34 Check Sequence: 5 255.60 01/20/2004 101-410-1940-44040 255.60 Check Sequence: 6 344.10 01/20/2004 601-494-9400-44300 344.10 NGB S FTWA'KE Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 1 Invoice No Description Amount Payment Datekcct Number Vendor:FARMERS Farmers Union Co -Op Oil Check Sequence: 7 141352 Fuel -Fire Dept. 41.00 01/20/2004 101-420-2220-42120 141372 Fuel -Building Dept. 79.34 01/20/2004 101-420-2400-42120 Check Total: 120.34 Vendor:FOUR Four Seasons Service Check Sequence: 8 23-034930 Supplies City Hall 51.09 01/20/2004 101-410-1940-44300 Check Total: 51.09 Vendor.FXL FXL, Inc. Final Year End Payment-2003 Check Total: 13,453.25 01/20/2004 13,453.25 Check Sequence: 9 101-410-1550-43100 Vendor:GENESIS Next Genesis Productions Check Sequence: 10 1392 Maint. & Repairs of Computer Hardware 550.00 01/20/2004 101-410-1520-43190 1401 Computer Virus Repair 500.00 01/20/2004 101-410-1520-3190 Check Total: 1,050.00 Vendor:HAGBERGS Hagbergs Country Market Check Sequence: 11 01-02-04 Suppiles-City Hall 10.55 01/20/2004 101-410-1940-44300 32 Supplies Fire Dept. 42.71 01/20/2004 101-420-2220-44300 Check Total: 53.26 Vendor:Hecker Denny Hecker Auto Connection Check Sequence: 12 39101PNR Parts -Public Works 59.69 01/20/2004 101-430-3100-42210 Gccs50661 Repairs -Public Works 220.50 01/20/2004 101-430-3100-44040 Check Total: 280.19 Vendor:HUMANE Humane Society Companion Animl 4th Qtr Impound Fees 4th Qtr-2003 Check Total: Vendor:HUMANRIG J Pogue of MN Human Rights Com League of MN Human Rights Annual Dues Check Total: Check Sequence: 13 2,421.20 01/20/2004 101-420-2700-43160 2,421.20 Check Sequence: 14 55.00 01/21/2004 101-410-1110-44330 55.00 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Vendor:ICEMAN Iceman Industries, Inc. Check Sequence: 15 ACH Enabled: No 2114 Mag/Sand -Public Works 3,194.77 01/20/2004 101-430-3100-42290 AP - Computer Check Proof List (01/16/2004 - 6:20 AM) Page 2 Invoice No Vendor:JCRAFT 33581 VendonLEOIL S01203 Description Check Total: J-Craft Inc Equipment Parts -Public Works Check Total: Lake Elmo Oil, Inc. Fuel -Fire Dept. Check Total: Vendor:LEREPAIR Lake Elmo Repair, Inc 137689 Repair -Suburban 1/2 Ton Check Total: Vendor.LUHMAN CathyLuhman 002 Utility Billing-Storm/Water Set-up Check Total: Vendor:MARONEYS 026673 026673 026673 Vendor:MBA VendorMCLEOD 2825693 2825693 2825693 2825693 2825693 2825693 Maroney's Sanitation, Inc Refuse Removal -Public Works Refuse Removal -Parks & Fire Station 1 Refuse Removal -City Hall Check Total: Minnesota Benefit Association Check Total: McLeod USA Phone Service -Lift Station Phone Service -Wells 1 & 2 Phone Service -Wells 1 & 2 Phone Service -City Hall Phone Service -Fire Dept. Phone Service -Public Works Check Total: Vendor:MENARDSO Menards - Oakdale 2328 Shop Supplies Amount Payment Datelcct Number 3,194.77 Check Sequence: 16 159.02 01/20/2004 101-430-3100-42210 159.02 Check Sequence: 17 109.28 01/20/2004 101-420-2220-42210 109.28 Check Sequence: 18 172.41 01/20/2004 101-420-2220-44040 172.41 Check Sequence: 19 575.00 01/20/2004 601-494-9400-43180 575.00 85.08 01/20/2004 170.17 01/20/2004 85.08 01/20/2004 340.33 Check Sequence: 20 101-430-3100-43840 101-450-5200-43840 101-410-1940-43840 Check Sequence: 21 2.50 01/20/2004 101-000-0000-21708 2.50 61.22 01/20/2004 107.62 01/20/2004 68.05 01/20/2004 408.58 01/20/2004 168.93 01/20/2004 130.76 01/20/2004 945.16 Check Sequence: 22 602-495-9450-43210 601-494-9400-43210 101-450-5200-43210 101-410-1940-43210 101-420-2220-43210 101-430-3100-43210 Check Sequence: 23 15.35 01/20/2004 101-430-3100-42150 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (01/16/2004 - 6:20 AM) Page 3 Invoice No Vendor.MILLEREX 9215 9215 Description Check Total: Miller Excavating, Inc. Haul Salt/Sand Grade Roads Check Total: VendonMNSTATET MN State Treasurer 4th Qtr 4th Qtr Building Surcharge Check Total: Vendor:MNUCFUND Vendor:MUNICI-P 2004-Dues Minnesota UC Fund Unemployment -Buckles Check Total: Munici-Pals Membership Dues-Admin Check Total: Vendor.NOAMWET North American Wetland Engine 3607 PER Wastewater Check Total: Vendor:Northsaf 1192 Vendor:NORTHTOO 09281641 561351594 Northern Safety Technology Vehicle Parts -Public Works Check Total: Northern Tool & Equipment Shop Supplies -Public Works Shop Supplies Check Total: Vendor.NOSTPAUL City of North St Paul 2004011453 Sand/Salt Check Total: Vendor:OAKDALE City of Oakdale 1000039700 Water -Lake Jane System -North AP - Computer Check Proof List (01/16/2004 - 6:20 AM) Amount Payment Datekcct Number 15.35 528.00 01/20/2004 255.13 01/20/2004 783.13 Check Sequence: 24 101-430-3100-42290 101-430-3100-44010 Check Sequence: 25 2,110.52 01/20/2004 101-420-2400-43060 2,110.52 Check Sequence: 26 2,049.13 01/20/2004 101-30-3100-41010 2,049.13 Check Sequence: 27 20.00 01/20/2004 101-410-1320-44330 20.00 Check Sequence: 28 3,401.58 01/20/2004 101-410-1910-43060 3,401.58 Check Sequence: 29 228.90 01/20/2004 101-430-3100-42210 228.90 32.42 01/20/2004 45.71 01/20/2004 78.13 Check Sequence: 30 101-430-3100-42150 101-430-3100-42150 Check Sequence: 31 569.52 01/20/2004 101-430-3100-42290 569.52 Check Sequence: 32 795.00 01/20/2004 601-494-9400-43820 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 4 Invoice No Description 1000046000 Water-I-94-South Check Total: VendorONECALL Gopher State One-CallOne Call Concepts, Inc 3120482 Line Locates Check Total: Vendor.PELNAR KathiPelnar Dec Animal Control Services -Dec 03 Check Total: Vendor:PETERSO Peterson Fram & Bergman 11135M 11140M 11145M 11145M 1I IS0M 11155M Check Total: Vendor.POSTOFFI POSTMASTER Permit 19 Annual Bulk Postal Permit Check Total: Vendor:PRESS StevenPress Cable Operator Check Total: Vendor:QUICKSI Quicksilver 6182977 Document Delivery -Planning Check Total: Vendor:RACO 13323 Race Oil & Grease Company Equipment -Public Works Check Total: Vendor:RIVERLAN Riverland Community College 100824 Training -Chad Sonmor-Fire Dept. AP - Computer Check Proof List (01/16/2004 - 6:20 AM) Amount Payment Datelcct Number Reference 2,949.60 01/20/2004 601-494-9400-43820 3,744.60 Check Sequence: 33 34.10 01/20/2004 101-430-3100-44300 34.10 Check Sequence: 34 494.27 01/20/2004 101-420-2700-43150 494.27 1,301.21 3,051.01 121.00 572.01 264.00 133.61 5,442.84 01/20/2004 01/20/2004 01/20/2004 01/20/2004 01/20/2004 01/20/2004 Check Sequence: 35 101-410-1610-43040 101-410-1610-43045 409-480-8000-43040 406-480-8000-43040 803-490-9070-43040 101-410-1610-43040 Check Sequence: 36 150.00 01/21/2004 101-410-1320-43220 150.00 Check Sequence: 37 80.00 01/20/2004 101-410-1320-44300 80.00 Check Sequence: 38 16.65 01/20/2004 101-410-1910-44300 16.65 Check Sequence: 39 297.14 01/20/2004 101-430-3100-42400 297.14 Check Sequence: 40 20.00 01/20/2004 101-420-2220-44370 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 5 Invoice No Vendor:RUD Description Check Total: DianePrince-Rud Cleaning -City Hall Cleaning -Fire Hall Check Total: Vendor.SATELLIT Satellite Shelters, Inc. 24180604 Office Rental -Bldg. Dept Check Total: Vendor:STILLGAZ Stillwater Gazette 00002991 Legal Notice Publication Check Total: Vendor:SUN 653567 Vendor:TASCH Cert. # 3 Cert. # 6-FINAL SUN NEWSPAPERS TNT Notice Publicaton Check Total: T.A. Schifsky & Sons Payment 3 Hill Trail & 50th Street Impov Payment 7 50th Street Impovement Check Total: Vendor:THORBECK Thorbeck Architects Dec2003 Old Village Study Check Total: Vendor.TKDA 065438 065439 065439 065439 065439 065439 065440 065441 065442 065443 TKDA, Inc. AP - Computer Check Proof List (01/16/2004 - 6:20 AM) Amount Payment Datekcct Number 20.00 240.00 01/20/2004 240.00 01/20/2004 480.00 Check Sequence: 41 101-410-1940-44010 101-420-2220-44010 Check Sequence: 42 319.50 01/20/2004 101-420-2400-44120 319.50 Check Sequence: 43 189.00 01/20/2004 101-410-1320-43510 189.00 Check Sequence: 44 213.12 01/20/2004 101-410-132043510 213.12 62,278.41 01/20/2004 26,085.55 01/20/2004 88,363.96 Check Sequence: 45 409-480-8000-45300 409-480-8000-45300 Check Sequence: 46 1,675.95 01/20/2004 101-410-1910-43011 1,675.95 352.40 341.61 966.81 1,414.39 2,134.39 350.61 1,174.06 639.80 390.40 200.00 01/20/2004 01/20/2004 01/20/2004 01/20/2004 01/20/2004 01/20/2004 01/20/2004 01/20/2004 01/20/2004 01/20/2004 Check Sequence: 47 402-480-8000-43030 101-410-1910-43011 101-410-1930-43030 410-480-8000-43030 803-490-9070-43030 409-480-8000-43030 410-480-8000-43030 803-490-9070-43030 409-480-8000-43030 101-410-1930-43030 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 6 Invoice No Description 065450 065451 065473 065482 065485 065490 065491 065498 Vendor:TOWER Cert. 6R Vendor:TRKUTI 012817 Vendor:TWINCIT 10576 Vendor:United VendorUSBANK 33395470 33395470 Check Total: Tower Asphalt, Inc. Payment 6 Eagle Point Blvd Phase 1 Check Total: Truck Utilities Equipment Parts -Public Works Check Total: Twin City Water Clinic, Inc. Water Analysis -Dec 03 Check Total: United Properties Investments Landscaping & Pond Maint-Well #3 Check Total: US Bank Trust N.A. Bond Principal - 2001 GO State Aid/Impro Bond Principal - 2001 GO State Aid/Impro Check Total: Vendor: WEARGUA Wear Guard 52840006-1 Uniforms-PW-173373 Check Total: Vendor:XCEL 00 1415749364 0084044646363 0176825022363 Xcel Energy AP - Computer Check Proof List (01/16/2004 - 6:20 AM) Amount Payment Datekcct Number Reference 732.00 01/20/2004 3,543.78 01/20/2004 195.20 01/20/2004 70.82 01/20/2004 103.13 01/20/2004 3,124.62 01/20/2004 593.92 01/20/2004 3,421.87 01/20/2004 19,749.81 33,659.66 01/20/2004 33,659.66 46.75 01/20/2004 46.75 20.00 01/20/2004 20.00 128.76 01/20/2004 128.76 100,000.00 01/21/2004 21,327.50 01/21/2004 121,327.50 251.09 01/20/2004 251.09 40.87 01/20/2004 1,163.64 01/20/2004 19.24 01/20/2004 402-480-8000-43030 409-480-8000-43030 409-480-8000-43030 409-480-8000-43030 409-480-8000-43030 601-494-9400-43030 601-494-9400-43030 101-410-1910-43012 Check Sequence: 48 402-480-8000-45300 Check Sequence: 49 101-430-3100-42210 Check Sequence: 50 601-494-9400-43030 Check Sequence: 51 601-494-9400-44300 Check Sequence: 52 310-480-8000-46010 310-480-8000-46110 Check Sequence: 53 101-430-3100-44170 Check Sequence: 54 101-450-5200-43810 101-30-3100-43810 101-430-3160-43810 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 7 Invoice No Description Amount Payment DatiAcct Number Reference 0417949252363 606.77 01/20/2004 101-410-1940-43810 0446544592363 21.99 01/20/2004 101-430-3160-43810 0573240678363 351.29 01/20/2004 101-450-5200-43810 0592147254364 7.38 01/20/2004 101-450-5200-43810 0614643270363 30.83 01/20/2004 101-430-3160-43810 0777146175363 8.62 01/20/2004 101-420-2220-43810 1278842757364 500.26 01/20/2004 601-494-9400-43810 1427822590364 41.52 01/20/2004 602-495-9450-43810 1577643354363 531.13 01/20/2004 101-420-2220-43810 1684846045362 12.62 01/20/2004 602-495-9450-43810 1957348187363 15.06 01/20/2004 602-495-9450-43810 2045967139002 Well # 2 821.02 01/20/2004 601-494-9400-43810 2175049940363 306.93 01/20/2004 101-450-5200-43810 2332806007001 1,177.42 01/20/2004 101-430-3160-43810 Check Total: 5,656.59 Total for Check Run: 315,529.59 Total Number of Checks: 54 AP - Computer Check Proof List (01/16/2004 - 6:20 AM) Page 8 Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 PERSON, FRAM'BERGMAN Y;ietadeylSX�w.5Yr.is Wets B.de1:eY.wx•A lmindasenae1 11135-030009 CONROY SEWER 11135-920001 Administration 11135-920005 Volunteer Fire Dept./Benefit Assoc. 154.00 0.00 0.00 $154.00 ACCOUNT NO: (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 12/31/2003 11135M FEES EXPENSES ADVANCES BALANCE 66.00 0.00 0.00 $66.00 1,078.00 3.21 0.00 $1,081.21 1,298.00 3.21 0.00 $1,301.21 THIS STATEMENT lS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PETERSON FRAM BERGMAN Pori alsoli lw.7eslaXii a.YW:ectitWSiiihealiteela4 1651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11135-030009M LAKE ELMO MN 55042 STATEMENT NO: 2 CONROY SEWER 12/02/03 JPF Telephone conference with atty Pecchia re: status. 12/03/03 JPF Telephone conference with atty Pecchia, atty Nowlin; adm; T. Prew re: alternative systems; revise extension probs. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 22.00 0.40 44.00 0.60 66.00 0.60 66.00 66.00 $66.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PW ERSON, FRAM BERGMAN /IWIYLe%IIIY*.'W.'y�9jg\1YVf®I V:fl **aIYWi`rYlldr'` 1651) 291-8955 (651) 228-1753 facsimile Federal Tax ID 841.0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 Laverne Avenue North ACCOUNT NO: 11135-920001M Lake Elmo MN 55042 STATEMENT NO: 144 Administration 12/01/03 JPF 12/02/03 JPF JPF 12/03/03 JPF 12/05/03 JPF 12/08/03 JPF 12/13/03 JPF Legal research re: quorum requirements for truth in taxation hearing; tele clerk. Revise Luhman agreement; tele adm re: personnel regs, Downs case; rev city file on Downs. Prepare for and attend council meeting. Review Op. West law; tele Nowlin and adm re: appl to legislative discussions. Revise JT power agreement, Oakdale water service; corr adm. Review PC agenda. Review council agenda; Mutual and agreements. 12/15/03 JPF Telephone conference with adm re: agenda; re: Mutual Aid agreements; re: Conroy alt treatment system. 12/16/03 JPF Prepare for and 12/17/03 JPF 12/19/03 JPF 12/29/03 JPF attend council meeting. Review app ct opin. Review Mutual ord agreement; tele LMC; tele Adm and Fire Chief; fwd to LMCIT for liability review; review Sack EEOC claim and city records; tele Adm and Fire Chief re: forwarding to LMCIT; corr to Adm. Telephone conference with adm re: agenda and Reed request for prior variances. Jerome P. Filla HOURS 0.50 55.00 0.90 2.40 99.00 264.00 0.40 44.00 0.90 0.40 0.50 0.30 1.00 0.80 99.00 44.00 55.00 33.00 110.00 88.00 1.40 154.00 0.30 33.00 9.80 1,078.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PE-TERSON, FRAM& BERGMAN I+iismaiou'stfient'Wr'm'YtResheor'ffiWtYkS:WfI j CITY OF LAKE ELMO Administration FOR CURRENT SERVICES RENDERED (6511291.8955 (6511 228.1753 facsimile Federal Tax ID 841.0991098 Page: 2 12/31/2003 ACCOUNT NO: 11135-920001M STATEMENT NO: 144 9.80 1,078.00 Fax Charge - Local 3.00 TOTAL EXPENSES THRU 12/31/03 SALES TAX ON EXPENSES TOTAL CURRENT WORK 3.00 0.21 1,081.21 BALANCE DUE $1,081.21 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PERSON, FRAM'BERGMAN diiiitallarifliirigivitkisQta mg1,1:11tcli:S9*M1w:WWM+stif (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 Laverne Avenue North ACCOUNT NO: 11135-920005M Lake Elmo MN 55042 STATEMENT NO: 16 Volunteer Fire Dept./Benefit Assoc. 12/03/03 JPF Telephone conference with Malmquist, adm, rev bylaws re: changes proposed by council. 12/04/03 JPF Letter to adm re: revisions to Fire Dept bylaws, rev state regs. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 0.90 99.00 0.50 55.00 1.40 154.00 1.40 154.00 154.00 $154.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 PFTERSON. FRAM'BERGMAN patffiorke411.5Y0lUrtlYisista::S..1.4.0iLW trait W rait a 11140-030001 Misc Prosecutions 11140-030128 Kargacin, Katherine fail to stop 11140-030151 Post, Daniel DAS, careless driving ACCOUNT NO: (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 12/31/2003 11140M FEES EXPENSES ADVANCES BALANCE 1,977.50 18.51 0.00 $1,996.01 30.00 0.00 0.00 $30.00 30.00 11140-030161 Rockett, Lester DAR, no proof of insurance 22.50 11140-030164 Weber, Steven J. speed 74/55 0.00 0.00 $30.00 0.00 0.00 $22.50 37.50 0.00 11140-030165 Christenson, David GM-DAC-IPS, illegal use of plates attempt to evade MV tax 52.50 0.00 11140-030166 Lheureux, Richard Louis GM false information to police 52.50 11140-030173 Rangel, Patrica hit and run, no mn dl, fail to yield 0.00 5.00 0.00 0.00 $37.50 0.00 $52.50 0.00 $52.50 0.00 $5.00 THIS STATEMENT 1S DUE AND PAYABLE TO THE END OE THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101.1197 CITY OF LAKE ELMO PETERSON,_ FRAM. BERGMAN 11140-030176 Armstrong, Crist No proof of insurance ACCOUNT NO: FEES EXPENSES ADVANCES 5.00 0.00 0.00 11140-030184 Isaacson, William Bradford Violate No Contact Order 27.50 11140-030187 Schmidt. Robert M. reckless driving 11140-030193 Langevin, Kimberly speed 79/65 30.00 D.00 0.00 5.00 0.00 11140-030214 Her, Peng violate instruction permit, poss marijuana in motor vehicle 5.00 11140-030217 Grillo, John Patrick DAC, no head lamp 11140-030218 Lemmenes, Daniel James 3rd degree DUI 0.00 5.00 - - 0.00 10.00 0.00 11140-030219 Zafft, Marsha Ann criminal damage to property 50.00 11140-030220 Ramsey, Clayton Scott DAC, no insurance, no proof of insurance, fail to display current registration 5.00 0.00 0.00 0.00 0.00 (651 1291-8955 (6511 228-1753 facsimile Federal Tax ID #41-0991098 Page: 2 12/31/2003 11140M BALANCE $5.00 $27.50 $30.00 0.00 $5.00 0.00 $5.00 0.00 $5.00 0.00 $10.00 0.00 $50.00 0.00 $5.00 THIS STATEMENT IS DBE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO P-TERSON, FPAMC'BERGIVIAN 1Wte.sa sigIBIL WtY WYY:Y.1k.`W�1LL�WW:YWIr�W:'� 11140-030221 serum, Nicholas Cory attempt to escape MV tax 11140-030222 Tewinkel, Edwin ACCOUNT NO: (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 3 12/31/2003 11140M FEES EXPENSES ADVANCES BALANCE 67.50 0.00 10.00 0.00 11140-030223 Hanson, Mark Steven fail to display current regist. no proof of insurance 11140-030224 Trudeau, Daniel Scott DAS, no Seatbelt 5.00 0.00 5.00 0.00 11140-030225 Wetterstrom, William serious/fatal crash report 35.00 11140-030226 Kramer, Lisa Marie fail to display current registratio unsafe change of course 11140-030227 Weldegebriel, Ayele improper passing 11140-030228 Dalbec, David Richard no insurance 11140-030229 Aulwes, Jeffrey Driving after revocation 0.00 5.00 0.00 210.00 0.00 10.00 0.00 5.00 0.00 0.00 $67.50 0.00 $10.00 0.00 $5.00 0.00 $5.00 0.00 $35.00 0.00 $5.00 0.00 $210.00 0.00 $10.00 0.00 $5.00 THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO PFTERSON, FRAM&BERGMAN yatr<�Y7Yay.'w71ILLOY�YI:r.YYr:11JrCIYi�YUYr:Y W r�w'Y 11140-030230 Clark, Jatonna careless driving 11140-030231 Myvold, Curits speed 86/65 11140-030232 Holcomb, Christopher no insurance 11140-030233 Lovering, Dana Marie No Insurance (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID 841-0991098 ACCOUNT NO: FEES EXPENSES ADVANCES 5.00 0.00 0.00 15.00 5.00 5.00 11140-030234 Saldwar, Jony Uriel Avila DAS, no child restraint 5.00 11140-030235 Gambucci, Eric Michael DAC 11140-030236 Peterson, Justin Darryl 4th degree DUI 11140-030237 Young, Shanita Mary DAS 5.00 10.00 5.00 11140-030238 Warthen, Rodger Edward GM-DAC-IPS, open bottle 112.50 11140-030239 Lheureux, Richard Louis GM -false info to police, no ins. 15.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page: 4 12/31/2003 11140M BALANCE $5.00 $15.00 $5.00 $5.00 $5.00 $5.00 $10.00 $5.00 $112.50 0.00 $15.00 THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO PETERSON._ FRAM BERGMAN 11140-030240 Dennis, Jeffrey Richard GM -false info to police 11140-030241 Soderquist, Ryan John speed 11140-030242 Bjerke, Lute Allen DAS ACCOUNT NO: FEES EXPENSES ADVANCES 15.00 0.00 0.00 15.00 5.00 11140-030243 Burch, Kenneth Milton test refusal, 3rd degree DUI 62.50 11140-030244 Jubera, Steven Michael GM-DAC-IPS, speed 0.00 0.00 0.00 50.00 0.00 3,032.50 18.51 0.00 0.00 (651) 291-8955 (65() 228-1753 facsimile Federal Tax ID#41-0991098 Page: 5 12/31/2003 11140M BALANCE $15.00 $15.00 $5.00 0.00 $62.50 0.00 $50.00 0.00 $3,051.01 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 PErTERSON, FRAMCIBERGMAN jaritifilarariomeiriiiratormiangtigririshionieumij ACCOUNT NO: (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 12/31/2003 11145M FEES EXPENSES ADVANCES BALANCE 11145-000003 Hill Trail North Street Improvement 121.00 0.00 0.00 $121.00 11145-010001 Kraft Circle Sanitary Sewer 319.00 1.61 185.40 $506.01 11145-030001 OAKDALE SANITARY SEWER CONNECTION - 50TH STREET 66.00 0.00 0.00 $66.00 506.00 1.61 185.40 $693.01 THIS STATEMENT IS DDE AND PAYADLE TO THE END OE THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 P5TERSON, FRAM ' BERGMAN ja1IWMullps cisointe'n B Atari ftwmitsi caws (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 Laverne Avenue North ACCOUNT NO: 11145-000003M Lake Elmo MN 55042 STATEMENT NO: 5 Hill Trail North Street Improvement 12/02/03 JPF Draft right of entry agreement, ponding area survey; corr to adm and Prew. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 1.10 121.00 1.10 121.00 1.10 121.00 121.00 $121.00 THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 P5TERSON FRAMC'BERGMAN lit*tSiaFY.atiuitYwSC wini'Sttrkitei I (65I) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 Laverne Avenue North ACCOUNT NO: 11145-010001M Lake Elmo MN 55042 STATEMENT NO: 15 Kraft Circle Sanitary Sewer 12/03/03 JPF Record Peterson deed. 12/19/03 JPF Telephone conference with Catalone; clerk; title co; closer. HOURS 0.20 22.00 0.40 44.00 12/23/03 JPF Telephone conference with county recorder re: city name derivation, affid of ID; rev state regs; tele clerk. 0.90 99.00 12/24/03 JPF Telephone conference with county registrar; county examiner of titles, corr re: Elmo name and Catalono, Weise, Peterson deeds rev statutes. 1.40 154.00 Jerome P. Filla 2.90 319.00 FOR CURRENT SERVICES RENDERED 2.90 319.00 Photocopies 1.50 TOTAL EXPENSES THRU 12/31/03 1.50 SALES TAX ON EXPENSES 0.11 12/04/03 Recording Fee - WASHINGTON CTY RECORDER 12/04/03 Conservation Fee - WASHINGTON CTY TREASURER 12/04/03 Deed Tax - WASHINGTON CTY TREASURER 12/11/03 Recording Fee - WASHINGTON CTY RECORDER 60.00 5.00 20.40 100.00 TOTAL ADVANCES 185.40 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO RUERSON, FRAMC'BERGIVIAN IaINUras� 'sUWrYiS.rrlreN.'Sw'tSUS StSSi (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 2 12/31/2003 ACCOUNT NO: 11145-010001M STATEMENT NO: 15 Kraft Circle Sanitary Sewer TOTAL CURRENT WORK 506.01 BALANCE DUE $506.01 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAV OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PF'ERSON, FRAN BERGMAN jYYtlicsi gi.71.'Yrarer.rvslr:r. iinuaiattiolr:sok (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID 4141-0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 Laverne Avenue North ACCOUNT NO: 11145-030001M Lake Elmo MN 55042 STATEMENT NO: 3 OAKDALE SANITARY SEWER CONNECTION - 50TH STREET 12/26/03 JPF Revise JT powers agreement; corr. to adm. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 0.60 66.00 0.60 66.00 0.60 66.00 66.00 $66.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE -COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St, Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 PF 'ERSON. FRAM&BERGMAN ACCOUNT NO: (651) 291-8955 (6511 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 12/31/2003 11150M FEES EXPENSES ADVANCES BALANCE 11150-030005 PRAIRIE RIDGE OFFICE PARK PUD 121.00 0.00 0.00 $121.00 11150-030010 SOVEREIGN ESTATE MINOR SUBDIVISION 22.00 0.00 0.00 $22.00 11150-960009 Downs Variance 121.00 0.00 0.00 $121.00 264.00 0.00 0.00 $264.00 THIS STATEMENT 18 DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PEJE RSON, FRAMC'BERGIVIAN IaltlerlilY�W.Yw1l1rU1cldill�lYY:v.7f.Y�iti�1:W YIk�O:'� (651) 291.8955 (6511 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 Laverne Avenue North ACCOUNT NO: 11150-030005M Lake Elmo MN 55042 STATEMENT NO: 7 PRAIRIE RIDGE OFFICE PARK PUD 12/04/03 JPF Review declarations; revised Dev K; corr adm. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 1.10 121.00 1.10 121.00 1.10 121.00 121.00 $121.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PE ERSON, FRAMC'BERGMAN ISMlrllilal[.wfllYPY vase ''ss aUY1I: .wa&t (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #4 f-0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11150-030010M LAKE ELMO MN 55042 STATEMENT NO: 1 SOVEREIGN ESTATE MINOR SUBDIVISION 12/04/03 JPF Telephone conference with clerk re: council resolution changes. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 22.00 0.20 22.00 0.20 22.00 22.00 $22.00 THIS STATEMENT 1S DIIE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street $t. Paul, MN 55101-1197 PF:'ERSON, FRAMCIBERGMAN Iacielea wintiWW NaniI.Ytleen.si (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 Laverne Avenue North ACCOUNT NO: 11150-960009M Lake Elmo MN 55042 STATEMENT NO: 5 Downs Variance 12/29/03 JPF Review city zoning, bldg files; tele clerk and adm. Jerome P. Filla FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS 1.10 121.00 1.10 121.00 1.10 121.00 121.00 $121.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 11155-030003 11155-030006 11155-92D001 PETERSON,_ FRAM''BERGMAN j'aIt4 ODIM.1i.7YOMMIt YIDO:114WWWM* AWDRII II LAKE ELMO VS. BODZIAK FEES 110.00 MONTGOMERY BARREL: CODE VIOLATIONS 22.00 Oakdale vs. Minn. DOT et al. 0.00 132.00 (6511291.8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 ACCOUNT NO: EXPENSES ADVANCES 0.00 0.00 1.61 0.00 0.00 0.00 1.61 0.00 Page: 1 12/31/2003 11155M BALANCE $110.00 $23.61 $0.00 $133.61 THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PbTERSON, FRAMO'BERGMAN p rosss's..'nYIUY[Y1 tisdni.'1tritilwro.WIYfori (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11155-030003M LAKE ELMO MN 55042 STATEMENT NO: 6 LAKE ELMO VS. BODZIAK 12/29/03 JPF Telephone conference with atty Olson re• ans to interrogs. 12/30/03 JPF Telephone conference with atty Olson re: possible stipulation; status of construction, discovery, corr Olson re: interrogs and deposition. HOURS 0.30 33.00 0.70 77.00 Jerome P. Filla 1.00 110.00 FOR CURRENT SERVICES RENDERED 1.00 110.00 TOTAL CURRENT WORK 110.00 BALANCE DUE $110.00 THIS STATEMENT 1S DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101-1197 PF'ERSON, FPAMCIBERGMAN IirMeaa I..statLY S7Y:ff.1l.YerrSHleeele esj (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 LAVERNE AVENUE NORTH ACCOUNT NO: 11155-030006M LAKE ELMO MN 55042 STATEMENT NO: 3 MONTGOMERY BARREL: CODE VIOLATIONS 12/02/03 JPF Telephone conference with T. Montgomery re: status. Jerome P. Filla FOR CURRENT SERVICES RENDERED HOURS 0.20 22.00 0.20 22.00 0.20 22.00 Fax Charge - Local 1.50 TOTAL EXPENSES THRU 12/31/03 1.50 SALES TAX ON EXPENSES 0.11 TOTAL CURRENT WORK 23.61 BALANCE DUE $23.61 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NERT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 50 East Fifth Street St. Paul, MN 55101.1197 PBTER.SON. FRAM&'BERGMAN Iateemodu .tsivp* YNIY:M.' 'tonaltWmitise'i (6511 291-8955 16511 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 CITY OF LAKE ELMO 12/31/2003 3800 Laverne Avenue North ACCOUNT NO: 11155-920001M Lake Elmo MN 55042 STATEMENT NO: 12 Oakdale vs. Minn. DOT et al. John Michael Miller FOR CURRENT SERVICES RENDERED BALANCE DUE 0.30 0.30 0.00 0.00 $0.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Lake Elmo City Council January 20, 2004 Agenda Section: NEW BUSINESS No. 6A Agenda Item: Code Codification Services Proposal Background Information for January 20. 2004: The Lake Elmo Municipal Code is in need of code codification, and the City has received a code codification proposal ($12,950) from the League of Minnesota Cities. A copy of the City's code was sent to the League, who was informed that Section 300 Zoning would be excluded because of the proposed Performance -Based Zoning. The legal review by the League Attorney would cost the City $5,000. If the Council would prefer, Attorney Filla verbally indicated he would do the legal review of the code under the estimated cost of $5,000 by the League Codification Attorney. Staff is requesting approval of Folio 4-Search and Retrieval program where the codifiers provide the City's code in the Folio format on CD with instructions and a manual at a cost of $595. This is a computer program into which the code of ordinances and other municipal documents are converted. It allows us to search the documents by simply typing in any word or number you would want to find throughout the document. After the Folio conversion, the code can be installed on the Internet at $250/Year. This will give the residents easy access to the code. The estimated total cost of $20,000 for the code codification would be paid out of Reserves/Administration Contingency Account which has a $40,000 balance as of December 31, 2003. Action Items: to authorize the Mayor to sign the Codification Person responsible: Services Agreement with legal review services provided by the S.Lumby Councils choice of either by the League Attorney or the City Attorney at an estimated cost of $20,000 to be paid out of Reserves/Administration Contingency Account. Attachments: Codification Services Agreement Samples of Code New Residential New Commercial Other Residential Other Commercial uecemner-2uua Permits Issued 0 0 2 6 Summary Building Report Valuation $70,000.00 $219,755.00 Total 8 Total Building Fees Collected I Plumbing $289,755.00 New Residential New Commercial ear to uate Permits Issued Valuation 38 $11,695,793.00 5 $409,900.00 Other Residential 330 Other Commercial 47 Total 420 $4,642,438.00 $2,002,797.00 $18,750,928.00 $4,357.17 Total Building Fees Collected ! $307,483.34 Summary Plumbing Report 4 $18,000.00 Plumbing Total Plumbing Fees Collected $227.00 HVAC Summary HVAC Report 8 Total HVAC Fees Collected Summary Grand Total Fees Surcharge Fee Paid to State SAC Fees Paid to Met Council WAC Fees Paid to Oakdale Misc. Expenses Total Fees Retained Credit Fees to Bldg Credit Fees to Water Credit Fees to Sewer Summary Plumbing Report 132 $1,267,375.00 Total Plumbing Fees Collected ! $9,243.50 I Summary HVAC Report $40,875.00 j HVAC 150 $604.00 $5,188.17 ]Summary Grand Total Fees -$144.88 $0.00 $0.00 $0.00 $5,043.29 $5,043.29 $0.00 $0.00 Surcharge Fee Paid to State SAC Fees Paid to Met Council WAC Fees Paid to Oakdale Misc. Expenses Total Fees Retained Credit Fees to Bldg Credit Fees to Water Credit Fees to Sewer $813,899.00 Total HVAC Fees Collected ! $12,135.00 $328,861.84 -$8,969.63 -$6,000.00 -$3,000.00 -$4,133.25 $306,758.96 $264,142.21 $40,316.75 $2,300.00 City of Lake Elmo Building Department Building Permit Detail Summary December 01, 2003 Through December 31, 2003 Occupancy B COS Class Of Work: Remodel Permit # Description of Work Date Issued Use of Building 12/15/2003 Office Building 12/2/2003 Office Building 3901 interior buildout 3893 interior buildout Totals for Class Of Work: Remodel Number of Perrmits = 2 Totals for Occupancy: B Occupancy R-3 Class Of Work: Add Number of Permits = 2 Permit # Description of Work 3906 Fireplace 3895 addition & remodel 3894 Fireplace 3890 Fireplace 3889 Fireplace Totals for Class Of Work: Add Thursday, January 08, 2004 Number of Perrmits = 5 Sum of Valuation = Sum of Valuation = Date Issued Use of Building 12/23/2003 Single Family Dwelling 12/10/2003 Single Family Dwelling Valuation 25,000 45,000 70,000 70,000 Valuation 1,100 180,000 12/4/2003 Single Family Dwelling 2,300 12/1/2003 Single Family Dwelling 3,000 12/1/2003 Single Family Dwelling 3,355 Sum of Valuation = 189,755 Page 1 of 2 Class Of Work: Remodel Permit it Description of Work Date Issued Use of Building Valuation 3892 Basement finish 12/2/2003 Single Family Dwelling 30,000 Totals for Class Of Work: Remodel Number ofPemnits=1 Sum of Valuation = 30,000 Totals for Occupancy: R-3 Number of Permits = 6 Sum of Valuation = 219,755 Grand Total for All Permits Issued: Thursday, January 08, 2004 Number of Permits 8 Total Valuation = 289,755 Page 2 of 2 City of Lake Elmo Building Department Plumbing Permit Detail Summary December 01, 2003 Through December 31, 2003 Permit # Description of Work 3888 alter resd plmg 3895 alter resd plmg 3898 alter septic 3900 Install New Septic Date Issued 12/1/2003 12/10/2003 12/11/2003 12/12/2003 Number of Permits 4 Total Valuation = 18,000 Thursday, January 08, 2004 Valuation 2,000 7,000 3,000 6,000 Page 1 of 1 City of Lake Elmo Building Department HVAC Permit Detail Summary December 01, 2003 Through December 31, 2003 Permit # Description of Work Date Issued Valuation 3891 Gasline 12/1/2003 175 3893 alter commercial 12/2/2003 5,000 3895 alter resd hvac 12/10/2003 3,500 3897 alter resd hvac 12/11/2003 3,000 3899 alter commercial 12/11/2003 10,000 3903 Install Heating Units 12/15/2003 1,500 3904 alter resd hvac 12/17/2003 3,700 3905 alter resd hvac 12/17/2003 14,000 Number of Permits 8 Total Valuation = 40,875 Thursday, January 08, 2004 Page 1 of 1 City of Lake Elmo Building Department Building Permit Fees December 01, 2003 Through December 31, 2003 Date Permit # Permit Fee Surcharge Plan RevieliOther InvestigatiotSAC Fee Sewer Fee WAC Fee Meter Sales Tax 12/1/2003 3889 $97.25 $1.68 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12/1/2003 3890 $83.25 $1.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12/2/2003 3892 $442.25 $15.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12/2/2003 3893 $593.75 $22.50 $392.18 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12/4/2003 12/10/2003 12/15/2003 12/23/2003 Totals: 3894 $83.25 $1.15 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3895 $1,441.75 $90.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3901 $391.25 $12.50 $254.31 $0.00 $391.25 $0.00 $0.00 $0.00 $0.00 $0.00 3906 $41.80 $0.55 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,174.55 $144.88 $646.49 $0.00 5391.25 $0.00 $0.00 $0.00 $0.00 $0.00 Grand Total of Building Related Fees Collected: $4,357.17 Thursday, January 08, 2004 • Page 1 of 1 Dale 12/1/2003 12/10/2003 12/11/2003 12/12/2003 City of Lake Elmo Building Department Plumbing Permit Fees December 01, 2003 Through December 31, 2003 Permit # 3888 3895 3898 3900 Permit Fee $50.00 $50.00 $50.00 $75.00 Totals: $225.00 Grand Total of Plumbing Fees Collected: $227.00 Surcharge $0.50 $0.50 $0.50 $0.50 m w�. $2.00 Totals: City of Lake Elmo Building Department HVA C Permit Fees December 01, 2003 Through December 31, 2003 Date Permit # Permit Fee Surcliarae 12/1/2003 3891 $50.00 $0.50 12/2/2003 3893 $150.00 $0.50 12/10/2003 3895 $50.00 $0.50 12/11/2003 3897 $50.00 $0.50 12/11/2003 3899 $150.00 $0.50 12/15/2003 3903 $50.00 $0.50 12/17/2003 3904 $50.00 $0.50 12/17/2003 3905 $50.00 $0.50 $600.00 $4.00 Grand Total ofHVAC Fees Collected: $604.00 Lake Elmo City Council January 20, 2004 Agenda Section: Planning, Land Use & Zoning No. 9B Agenda Item: Community Facilities Committee Recommendations Backaround Information for January 20, 2004: The City Council created the Community Facilities Committee on October 1, 2002. The task assigned to the Committee was to conduct further research and develop recommendations to the City Council regarding implementation of the findings of the "Community Facilities and Staffing Report" that was completed by the Planning Commission earlier in 2002. Committee membership is Council Members Siedow and Delapp; Planning Commission Chair Helwig and Member Sessing; Park Commission Chair Schumacher; MAC Committee Chair Talcott; and, at -large citizen Tom Armstrong (former Planning Commission Chair). The Committee held its initial meeting on July 24, 2003, with Council Member Siedow presiding as elected Chairman. At that meeting and several subsequent meetings of the Committee, Members, with the assistance of the City's Financial Advisor, Appraiser Scott Renne, and TKDA Architect Teri Olsen investigated several options for siting of a new City Complex that would include City Hall, Public Works/Parks, and Library. Two undeveloped sites within the Old Village planning area; and, two existing site/structures in the Old Village were analyzed from suitability and probable cost perspectives. At its January 14, 2004 meeting the Committee unanimously voted to narrow active consideration to the existing Brookfield II building and 3.5 acre site across from the present City Hall, with the understanding that the three other sites could be again considered should the Brookfield II site be found lacking in any respect in the near future. (Community Facilities — Continued on Page 2) Person responsible: Action items: Motions to either refer the City Hall Complex back to the Community Facilities Committee for additional work (with direction); or, to direct the Committee, Staff and City Consultants to proceed as follows: 1. Enter into an Agreement with the owners of Brookfield II for contingent purchase. 2. Authorize TKDA to proceed with the next level of planning upon Agreement execution on Brookfield II. 3. Direct the Committee to initiate a Public Information Program regarding the City Complex Project. Attachments: Time Allocated: 1. Concept Drawings of the City Complex Project (Community Facilities — Continued from Page 2) The Committee recommends the following as next steps by the City in this regard: 1. Immediately enter into to an Agreement with the owners of Brookfield II to establish a purchase price, and provide time to design the improvements to the building/site; and, to arrange City financing of the project. Time will also be required to work out how present Brookfield tenants would be accommodated during construction activity and once the City moves in to about 40% of the tenant space. Many present tenants could stay on, but may need to move to other areas of the building. 2. The City should prepare a detailed brochure to be directly distributed to all City residents fully explaining the project. Resident feedback would be solicited over a period of several weeks. I do not recommend an Internet "blind" yes/no poll however. 3. Based on the outcome of #2, arrange a non -referendum bond issue to cover the amount of the project expense that exceeds the prudent commitment of City cash reserves — slightly over $1 million. The Committee recommends execution of these tasks promptly to take full advantage of the 2004 construction season, and the still -favorable bond market. The scheduling concept would be to have the work complete, and the City moved in by the end of 2004. From the staff perspective, the Committee has done an expedient and commendable job with its assignment. They should be empowered to continue to monitor and coordinate this program — if approved by the City Council. We believe the program they have recommended is in the best interests of the City — and reasonably responsive to the goals the City expressed for sustaining a Public presence in the Old Village On top of that, we believe the program represents the "bang for the buck" that our taxpayers expect from their leaders. Lake Elmo City Council January 20, 2004 Agenda Section: Planning, Land Use & Zoning No. 9C Agenda Item: Prairie Ridge Office Park — Final Plat/PUD Plan/Site Plan Backeround Information for January 20. 2004: At its December 8, 2003 meeting the Planning Commission adopted (7-2, Sedro and Berg opposed) a recommendation for approval of the Final Plat/PUD Plan/Site Plan for this project to construct 5 office buildings on a site of 17 acres at Stillwater Blvd. and State Highway 5. The recommendation was subject to conditions regarding design: 1.) Compliance with exterior surfacing requirements of the LB District; and, 2.) Reduction in the number of off street parking spaces from 152 to 140. The dissenting votes related to the desire of those commissioners to view whatever substitute exterior surfacing the applicants propose for compliance with the LB Architectural Standards. On December 12 the applicant submitted revised architecture for the buildings that proposes 100% brick — which complies with LB exterior surfacing standards, but no revision of off street parking has been proposed by the applicant. The Final Plat, Declaration and Final Construction Plans have been reviewed by the appropriate parties; and, a Developers Agreement has been prepared by the City Attorney and executed by the applicant. The delay in bringing this application to the Council has been the result of several modifications to utility plans requested by the City Engineer (that have been completed); and, Oakdale's review of the amended water service agreement to enable this site to be served with Public water via the Lake Jane system. All other conditions of the Development Stage Plan approval have been complied with; and, the exterior lighting plan complies with City Code. I recommend approval of the Final Plat/Final PUD Plan /Section 520 Site Plan of Prairie Ridge subject to payment of fees/provision of development security; and, no release of Building Permits until the amended Water Service Agreement with Oakdale has been executed by both cities. Action items: Motion to adopt Resolution #2004 — approving the Final Plat/Final PUD Plan/Section 520 Site Plan of Prairie Ridge Office Park per plans staff -dated November 24, 2003 (Site and Grading), and December 12, 2003 (Architectural Elevations); and, subject to conditions listed. Attachments: 1. Draft Resolution #2004 - , Approving Plat/PUD/Site Plan 2. Planning Commission Minutes of December 8, 2003 3. City Council Resolution #2003-085 4. Draft Development Agreement 5. Applicant's Graphics Person -responsible: ner Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-010 A RESOLUTION APPROVING THE FINAL PLAT AND FINAL PUD PLAN OF PRAIRIE RIDGE OFFICE PARK WHEREAS, at its October 7, 2003 meeting, the Lake Elmo City Council approved the PUD Development Stage Plan and Preliminary Plat of Prairie Ride Office Park, WHEREAS, at its December 8, 2003 meeting, the Lake Elmo Planning Commission recommended approval of the Final Plat/PUD Plan/Site Plan for the construction of 5 office buildings on a site of 17 acres at Stillwater Boulevard and State Highway 5, known as the Prairie Ridge Office Park. WHEREAS, at its January 20, 2004 meeting, the Lake Elmo City Council reviewed the Final Plat and Final PUD Plan/Section 520 Site Plan of Prairie Ridge Office Park per plans staff -dated November 24, 2003 (Site and Grading), and December 12, 2003 (Architectural Elevations), NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council does hereby approve and accept the FINAL PLAT AND FINAL PUD PLAN AND SITE PLAN OF PRAIRIE RIDGE OFFICE PARK, per plans staff dated November 24, 2003 (Site and Grading), and December 12, 2003 (Architectural Elevations), based upon the following findings: 1. Reduction of off street parking to the 140 spaces required as a minimum by the Zoning Ordinance, with the balance depicted by the Plan (12 spaces) to be shown on the Site Plan as "Proof of Parking" only. 2. Signage be incorporated along Stillwater Boulevard (in concert with Washington County) to advise motorists of the new access point to Stillwater Boulevard north of the viaduct. 3. Compliance with the recommendations of the City Engineer and City Attorney. 4. Subject to payment of fees/provision of development security. 5. No release of building permits until the amended Water Service Agreement with Oakdale has been executed by both cities. ADOPTED, by the Lake Elmo City Council this 20th day of January, 2004. Lee Hunt, Mayor ATTEST: Charles E. Dillerud, City Administrator APPROVED: 1 /12/04 City of Lake Elmo Old Village Special Projects Planning Commission Meeting Minutes of December 8, 2003 Chairman Helwig called to order the Lake Elmo Planning Commission Meeting at 7:00 p.m. COMMISSIONERS PRESENT: Ptacek, Meldahl, Sedro, Johnson, Bunn, Pelletier, Van Pelt (7:01) Berg (7:10), Deziel (7:45). STAFF PRESENT: Chuck Dillerud, City Planner and Kimberly Schaffel, Recording Secretary. Pledge of Allegiance AGENDA M/S/P, Johnson/Sedro, Add Old Village Minutes after the Old Village convenes. VOTE: 7:0. M/S/P, Sedro/Ptacek, To approve November 10, 2003 Minutes. VOTE: 7:0. M/S/P, Ptacek/Johnson, To approve November 24, 2003 Minutes. VOTE: 8:0. CONTINUTED - PUBLIC HEARING — VARIANCE — OHW — REED — 8056 HILL TRL M/S/P, Ptacek/Johnson, To take from the table the matter of the variance for 8056 Hill Trail. VOTE: 8:0. The City Planner reviewed the revisions submitted by The Reeds which include moving the garage further north and adding six feet to the length of the garage. The 30 foot setback to Hill Trail is maintained. Therefore, the only variance is the minor encroachment within OHW. The driveway setback must be five feet from the property line, and that will be handled by the Building Official when the building permit is applied for. The City Planner's recommended Findings were: 1. The property can not be put to reasonable use without the granting of the variance requested. Reasonable use must be defined in the context of contemporary housing standards and design. The proposed modifications are in keeping with both. 2. The variance requested results from circumstances unique to properties where principal structures were constructed prior to adoption of Shoreland Regulations; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood, if said neighborhood is defined by the preponderance of contemporary lake front housing in the City. M/S/P, Ptacek/Van Pelt, To approve the variance from the OHW Shoreland setback for the plan staff dated December 4, subject to compliance with the recommendations of the VBWD and the City Engineer, and that the proposed driveway must meet the five foot setback standards from the north property line. The commissioners discussed how the I00 year old tree might be saved. Mr. Reed said he plans to put on the two -car garage doors, and save the third garage for when the tree dies. VOTE: 8:0:1 (Abstain: Commissioner Berg just arrived). This item will go before the City Council on Tuesday, December 16, 2003. SECTION 520 SITE PLAN AND PUD FINAL PLAN — PRAIRIE RIDGE OFFICE PARK The City Planner reported that this is the third stage of the PUD process. Previous stages were approved. This application includes a Final Plat which goes directly to the City Council. Conditions of Preliminary Plan Approval were four, which included 140 spaces minimum parking —a reduction. The applicants have reduced the number of parking spaces to 152. In addition, they show six spaces on the periphery of the plan as proof of parking. West of the underpass a sign will be needed to advise motorists of curb cut access which is essentially a blind spot. The plan shows nothing there, and that is a county issue. Exterior landscaping was to be added, but will be measured for plan value per the code prior to building permit issuance. They have been inserted in some locations where previously none existed, but staff Lake Elmo Planning Commission Meeting Minutes of December 8, 2003 1 APPROVED: 1/12/04 calculations show the applicant is short about 472 square feet. The applicant has submitted a revised surface water drainage approach consistent with what the commission and council had in mind. Two areas are lowered in elevation and those will be filtration areas for off-street parking surface water runoff. He also reported that staff reviewed the Section 520 Site Plan issues that go beyond a PUD Development Plan. Exterior architecture was discussed at that stage. Materials allowed for exterior surfacing are brick, stone, or glass. The primary material is fixed around 62-65% of the total with the balance being concrete board. The standard indicates natural, full -depth stone. A cross-section of the wall reveals cultured stone, in a thin layer. There are quantitative issues for both primary and accent materials; and a potential issue with the material being used. The City Council accepted the asphalt shingle the applicant presented. The lighting grid for off-street parking does meet our current code. He concluded that, while these issues are insufficient to reject this application, staffs view is that the applicant should comply with the standards. The Planner suggested a recommendation for approval subject to conditions: 1. Reduction in the number of constructed off-street parking spaces to 140, and increase in the amount of parking island landscape area to not Tess than 31 square feet per constructed parking space. 2. Adjustment of the exterior surfacing plans to 70% cultured stone; and not "Accent Surfacing" in an amount greater than 20% of the balance of the exterior surface — both adjusted for glass area. 3. Compliance with the recommendations of the City Engineer and City Attorney. Discussion ensued regarding the code's specific design standards. A straw poll revealed the commissioners prefer the appearance of stone; appreciate the weather resistance of cultured stone; but would like to see a sample for approval. M/S/P, Ptacek/Van Pelt, Recommendation of approval to the City Council subject to conditions in staff `s report dated December 4, 2003, with an additional condition (4) that a dimensional sample of the proposed cultured stone be brought in to the City Council for its inspection. VOTE: 7:2 - Sedro, Berg - They would like to see the materials first. CITY COUNCIL UPDATE The lot division on Olson Lake Trail was approved and River Valley Christian Church was also approved as the Planning Commission recommended. The City Council has hired a search firm to look for a new City Administrator. Their primary goal is to develop a profile in what the city wants in an administrator. They will interview chairs of some commissions. The City Council also has directed hireing an Assistant Planner. There have been twenty- eight applicants. A landscape/architect background was requested. Interviews will occur in January. There will be no more meetings in 2003. ADJOURN PLANNING COMMISSION AT 7:48 P.M. FOR FIVE MINUTES. CONVENE OLD VILLAGE SPECIAL PROJECTS PLANNING COMMISSION AT 7:53 P.M. MINUTES M/S/P, Sedro/Johnson, To approve the Minutes of August 25, 2003. VOTE: 10:0:1 (Abstain: Ptacek). M/S/P, Johnson/Sedro, To approve the Minutes of September 8, 2003. VOTE: 11:0. CONTINUED - PUBLIC HEARING — CAPITAL IMPROVEMENT PROGRAM, The City Planner reported that Streetscape improvements were not included in the CIP. Spreadsheets with the construction cost details were provided the Commission because the Planning Commission asked the Old Village Commissioners to help decide this matter. These are the same spreadsheets that were reviewed in August. He stated that the County Highway Department advised that they would like to keep Lake Elmo Avenue Lake Elmo Planning Commission Meeting Minutes of December 8, 2003 2 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2003-085 A RESOLUTION APPROVING THE PUD DEVELOPMENT STAGE PLAN AND PRELIMINARY PLAT OF PRAIRIE RIDGE OFFICE PARK WHEREAS, at its May 20, 2003 meeting, the Lake Elmo City Council approved the application of Peter and Hill Tacheny and Daniel and Wendy Tacheny for a Planned Unit Development Concept plan to construct seven office buildings containing 35,000 square feet; and the net leasable building area to not more than 32,000 square feet area on a site of 17 acres at State Highway 5 and Stillwater Blvd. known as Prairie Ridge Office Park. WHEREAS, at its September 22, 2003 meeting, the Lake Elmo Planning Commission recommended approval of the PUD Development Stage Plan and Preliminary Plat of Prairie Ridge Office Park per plans staff dated August 25, 2003, and subject to conditions. WHEREAS, the PUD Development Stage PIan and Preliminary PIat of Prairie Ridge Office Park was presented to the City Council at its October 7, 2003 Council Meeting. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lake Elmo does hereby approve and accept he Planned Unit Development Stage Plan and Preliminary Plat of Prairie Ridge Office Park per plans staff dated August 25, 2003, based on the following findings. I, The PUD Development Stage Plan complies with the approved Concept Plan, including the Conditions to Concept Plan approval. 2. The application documentation generally complies with the requirements of the PUD Section of the Zoning Ordinance. 3, The application documentation generally complies with the requirements of Section 400 of the City Code regarding Preliminary Plats. 4. The Preliminary Plat and Preliminary Construction Plans comply with the subdivision design standard of Section 400 of the City Code. Further that the applicant shall comply with the following conditions: 1. Reduction of off street parking to the 140 spaces required as a minimum by the Zoning Ordinance, with the balance depicted by the Plan (24 spaces) to be shown on the Site Plan as "Proof of Parking" only. ✓ 2. Signage be incorporated along Stillwater Blvd. (in concert with Washington County) to advise motorists of the new access point to Stillwater Blvd. north of the viaduct. 3. The applicant should include additional parldng lot interior landscaping (per Code) and rainwater garden parking lot surface water treatment (per Valley Branch) in subsequent Site Plan designs. Compliance with the recommendations of the City Engineer, and City Attorney. ADOPTED, by the Lake Elmo City Council on October 7, 2003. Le, Mayor ATTEST: Charles E. Dillerud Acting City Administrator DRAFT DEVELOPMENT AGREEMENT Prairie Ridge Office Park 1.00 Parties. This Agreement is dated the llth day of December, 2003, and is entered into by and between City of Lake Elmo, a Minnesota municipal corporation (herein "City"); and Lake Elmo Land Development, LLC, a Minnesota limited liability corporation (herein as "Developer"). 2.00 Property Description. Developer represents they are the record fee owners of the following described property, which will be platted as Lots 1 through 15, Prairie Ridge Office Park, Washington County, Minnesota: That part of the East'% of the Southeast 1/4 of Section Sixteen, Township Twenty -Nine, Range Twenty -One West, being 17 acres more or less, located north of the Chicago Northwestern Railroad right-of-way and south of State Highway No. 212; except that parcel previously conveyed by Quit Claim Deed, dated January 10, 1981, filed of record as Document No. 414277. 3.00 Final Plat Approval. On the _ day of , 200_, the City Council approved the final plat of Prairie Ridge Office Park which is attached and incorporated as Exhibit A. The City's approval was conditioned upon the Developer entering into this Development Contract. 4.00 Planned Unit Development. The property is being developed as a planned unit development. The documentation for the planned unit development shall consist of this Development Agreement, the final plat and the plans and specifications for the improvements referenced in Section 5.01. 5.00 Terms and Conditions. NOW, THEREFORE, in reliance upon the representations contained herein; in compliance with the City's Zoning and Subdivision Regulations; and in consideration of the mutual undertakings herein expressed, the parties agree as follows: 5.01 Developer Improvements. The Developer shall construct the following improvements in compliance with plans and specifications which have been reviewed and approved by the City's Consulting Engineer, which are attached and incorporated herein as Exhibit B: A. Site Grading and Turf Restoration. Site grading improvements shall include common excavation, subgrade correction, embankment and pond excavation. Turf restoration shall include seeding, mulching and erosion control. RECEIVED DEC 1 2 2003 1. Site Grading Improvements shall be completed on or before theist day of October, 2004. 2. Turf restoration improvements shall be completed within 30 days of the completion of site grading unless an extension is approved by the City. B. Landscaping. Developer shall complete all landscaping improvements on or before the 1st day of July, 2005. 5.02 Estimated Cost of Developer Secured Improvements. The estimated costs of Developer constructed improvements is as follows: Improvement. Estimated Cost Water Main Boring & Main & Turf Restoration $225.000.00 Site Grading and Turf Restoration Landscaping $225.000.00 Subtotal: $450,000.00 Total Security Required (125% of improvements) $56.5,500.00 5.03 Improvement Security. Prior to the City's endorsement of approval on the final plat, the Developer shall deposit security with the City Administrator in an amount equal to 125% of the City Engineer's estimate of the cost of constructing the Developer secured improvements which have not been completed and accepted by the City prior to final plat approval. The security may be in the form of a cash escrow fund, a performance bond, or a letter of credit. The form of security shall be approved by the City Attorney. 5.04 Reduction of Security. Upon completion of required improvements for the Property and acceptance by the City, the City Council shall reduce the amount of security for the completed improvements provided that in no case shall the total remaining security be equal to less than 125% of the estimated costs of the incomplete improvements. 5.05 Administrative Fees. Developer agrees to pay an administrative fee to the City in an amount equal to 2% of the Developer's secured improvements. The administrative fee for this project equals $9.000,00. Administrative fees shall be paid before execution of plat by the City. 5.06 Recording Requirements. Prior to the conveyance of any of the lots in Prairie Ridge, and except as hereinafter provided, prior to the issuance of any development permits, the Developer shall provide the City with 2 evidence that the following documents, except as hereinafter provided, have been recorded. A. Plat. 1. The Articles of Incorporation, Bylaws, and Declarations for Prairie Ridge Office Park. 5.07 Public Use Dedication. Developer shall pay a public use dedication fee to the City in the amount of $. _ prior to execution of the plat by the City. 5.08 Binding Effect. The terms and provisions of this agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property. 5.09 Notices. Whenever in this Agreement notice is required to be given by one party to the other, such notice shall be delivered personally or shall be sent by certified mail, return receipt requested to the following addressees. Such notice shall be deemed timely given when delivered personally or when deposited in the mail in accordance with this section, If to the City: Charles Dillerud Acting City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 If to the Developer: Daniel A. Tacheny Chief Manager Lake Elmo Land Development, LLC 2980 Rice Street Little Canada, Minnesota 55113 5.10 Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein. 5.11 Default. The occurrence of any of the following shall be considered an "event of default" in the terms and conditions contained in this Agreement: A. Failure of the Developer to comply with any of the terms and conditions contained in this Agreement. B. The failure of the Developer to comply with any applicable ordinance or statute with respect to the development of the Property. 3 5.12 Remedies. Upon the occurrence of a default, the City shall forward a written notice to the Developer. Developer shall have 30 days to correct the default. An additional time may be allowed if Developer is pursuing reasonable efforts to correct the default, but needs more than 30 days. If Developer fails to correct the default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: A. City may make advances or take other steps to cure the default, and, where necessary, enter the Property for that purpose. The Developer shall pay all sums so advanced or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of 10% per annum. No action taken by the City pursuant to this section shall be deemed to relieve the Developer from curing any such default to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. The Developer shall save, indemnify, and hold harmless, including reasonable attorney fees, the City from any liability or other damages which may be incurred as a result of the exercise of the City's rights pursuant to this section. B. Obtain an Order from a Court of competent jurisdiction requiring the Developer to specifically perform its obligations pursuant to the terms and provisions of this Agreement. C. Exercise any other remedies which may be available to it including an action for damages. D. Withhold the issuance of any or all building permits and/or prohibit the occupancy of all building(s) for which permits have been issued. E. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an event of default, the Developer shall pay to the City all fees and expenses, including reasonable attorney, engineering and consulting fees, incurred by the City as a result of the event of default, whether or not a lawsuit or other action is formally taken. 4 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed as of the date and year first above written. CITY OF LAKE ELMO, a Minnesota statutory city Lee Hunt, Mayor ATTEST: Charles Dillerud, Acting City Administrator DEVELOPER: LAKE E MO LAND DEVELOPMENT, LLC By: .. //7 Daniel A. acheny, Chief frMhager STATE OF MINNESOTA COUNTY OF ) ss. On this _ day of , 2003, before me, a notary public within and for said county, personally appeared Lee Hunt and Charles Dillerud, to me known to be respectively the Mayor and Acting City Administrator of the City of Lake Elmo, and they executed the foregoing instrument and acknowledged that they executed the same by authority of and on behalf of City of Lake Elmo. STATE OF MINNESOTA ) ss. Notary Public COUNTY OF Washington) On this llth day of December, 2003, before me, a notary public within and for said county, personally appeared Daniel A. Tacheny, to me known to be the Chief Manager of the Lake Elmo Land Development, LLC, a Minnesota limited liability company, and he executed the foregoing instrument and acknowledged that he executed the same by authority of and on behalf of company. alkdraOza Notary Public THIS INSTRUMENT WAS DRAFTED BY: PETERSON, FRAM & BERGMAN, P.A. (JPF) 50 East Fifth St., #300 St. Paul, MN 55101 (651) 291-8955 F:\users\Janice\Jerry\LE\Prairie Ridge \Development Agreement - 2.cloc 5 THERESA H. NICOLETI'I NOTARY PUBLIC — MINNESOTA My Oomm. Expires Jan. 31, 2006 lawvvvvimesmmevadvw.wwvvwwvit pi • m I, 1111111 Ialllruu €kk'II ,lllli;III §�D , ig �Illil�'�I�"1 ..oil, x 1dll ;I�!hIllllnul tll`uPr 111111 L lllillliiiiil 4' �.qt'1� 1f1� i.IIII/�11111 IIIII 1111111 Illli \Ilhl till IIIII IIII ! ,IIII IIII ... \\ IIII: 1111 � % +� hl llf Illgl IIIII' IIIII :jlllIlt l 1IIIIII /, �Illlillll Illllill .c11‘41111;111i \\` 1 I;II" I lq i '.., t IIII YDIYLVYf •9 I/ia 111111111I 111 i ih a A a 9'a2f A.M0.7 NINON OATH daYAIVIIS 911— — it b 1: R Y O m=®e�yre ;41 ii:JUlu.:.tin' act R I v 1P Ag IA A a N V scut taNR ie,', �IAI,A„IAAt, 11, 1,111,,,,1A. A,munutottnne nnau„*, t n IA{yrjy ChlVestasid f:Ea' Ems. f271- 9ry� k do-t 2 » tL3 ��I 3a4 QNy 19Q 1r 9N11 4� v cjj,b t --04 rv31ctzl c�ai ty •tam ran Ong tni ON; NTO 2!dog447ng (Ct:1b't0 a2?"8 At 14111 NtH ?- 'S14711'4114 z-1—'i! rOg3 zt v!, 111111N11111111111111fE .,r r 7 7.7 .:40,Peby certify that this plan, specification or rePort MPrepared by me or under my direct supervision and that I am a duly RegisteredArchitece under i 2u I ioniI III y !i'11!IIIIIMi 4W a 3Z3Ix14 itvezahesieft sst#-405. Cri7sI .S)Yi ' tl - t^y-11,6741 i4sL.J441 4..i y ".SINS-3-w.4i 3frft" Lake Elmo City Council January 20, 2004 Agenda Section: City Administrator's Report No. 11A Agenda Item: Personnel Policy — Flex Time Background Information for January 20. 2004: I have attached that portion of the Personnel Policy amendments that the Council acted to table at the January 6 meeting — "Flex Time" for overtime exempt staff. I have also attached my Memo for the January 6 meeting in which I address this concept — among other things. My comments/observations regarding overtime exempt staff remain as there written. If the Council decides to take no action on this proposal, the present Policy regarding time worked by overtime exempt staff in excess of normal office hours (40/week) will remain the guiding Policy. —1 hour of Comp Time for each 3 hours worked, with maximum accrual not to exceed 16 hours. Note that under the current Policy, non-exempt (overtime eligible) staff may also accrue Comp Time (at a rate of 1.5 hours for each hour worked) with the same 16 hour maximum accrual. Person r s stable: Action items: Acting nistrator Motion regarding the draft "Flex Time" Policy for overtime exempt City staff. Attachments: 1. Draft "Flex Time" Policy for Exempt Employees 2. January 6 Acting Administrator Memo Time Allocated: EXEMPT EMPLOYEE FLEX -TIME GUIDELINES Exempt employees may accrue flex -time on a 1:1 ratio for attending various meetings outside of their normal work day. Exempt employees may use accrued flex -time as approved by their supervisor, but no more than 9 consecutive hours of flex time may be used. Exempt employees shall be compensated for no more than eighty (80) hours of accrued flex -time upon termination. Lake Elmo City Council Jan, 206' 2004 Agenda Section: MAINTENANCE/PARK/FIREBUILDING NO. 7A Agenda Item: Compact Wheel Loader Replacement/Purchase Background Information for January 20`11,2003 The Public Works Department has met with the Maintenance Advisory Commission in regards to the CIP replacement of the backhoe/loader. The consensus and recommendation from the MAC and Public Works Department is to replace the backhoe/loader with a compact wheel loader. Pricing is as follows: New Machine-2004 Case 321HS State Contract # 430487 $63,047.00 Trade In- 1995 Ford 6555D -$32,750.00 Diff. $30,297.00 Falls Plow and Hitch $7,585.00 Lights and Lettering $800.00 Taxes $2,514.33 TOTAL $41,196.33 The 2004 CIP is budgeted for $50,000 for this purchase. The purchase will be made under the State Cooperative Purchasing Contract, and therefore will be exempt from local competitive bidding. Acting Administrator's Comments: I concur in Mike's purchase recommendation. This new unit, including replacement of the unit type (small loader for tractor backhoe) has been discussed with both MAC and former Maintenance Supervisor Olinger. Both MAC and all staff involved concur that this is an appropriate action. The Public Works Equipment Reserve Account showed a 12/31/03 balance on hand of $171,296. Action items: Motion to approve City purchase of a 2004 Case 321HS loader (with trade-in of the City's 1995 Ford tractor backhoe) under CPV Contract #430487 for a net cost of $41,196.33. Attachments: Capital Improvement Request MAC Minutes 2002-2008 CIP Section Persons responsible: M. Bouthilet Time Allocated: City Of Lake Elmo Purchase Requisition 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 (651) 777-5510 Fax: (651) 777-9615 )ate of Request: r2 2m _ oq )epartment: Pus/ri. 12174c..1 Jendor: \ddress: .9% 7D.St_AA- eta, d r++Cni Purchase Date: Purchase Amt: f/, / ro? tfp eim/u, /e- .5Atitai,cre P7� Phone: �P$�.. /i�S- ,SYec 1 quantity Make/Model Description Unit Price Total Cost Justification: New Machine-2004 Case 321HS State Contract # 430487 $63,047.00 , Trade In- 1995 Ford 6555D I Falls Plow and Hitch Lights and Lettering 1 Taxes TOTAL Ad el-4e-S Bids/Quotations Required - Per City Policy (Over) \lame Bid Price Name Bid Price Name Bid Price -$32.750.00 Diff. $30,297,00 $7,585,00 $800.00 $2,514.33 $41,196.33 Approved ,7 Date: / 2- < a'y Departure ead Approved / Date: ///517/457 Finance Director Approved Date: City Administrator 3210 Compact Wheel loader ENGINE Model Perkins 1004-42 Type 4-stroke Cylinders 4 Bore/Stroke 4.06" x 5.00" (105 X 127 mm) Displacement 258 in" (4.23 L) Fuel injection Direct Fuel Alt Diesel Fuel filter Replaceable, full flow spin -on cartridge Air filter Dry type element w/waning restriction indicator Radiator Core type Staggered Fan Style Puller Diameter 21" (535 mm) Water pump Style Integral Engine oil Pump Deep sump plate cooler with pressurized under -piston nozzles Pump operating angle ratings Side -to -side Rated 35° Fore and aft Rated 35° Oil filtration Replaceable, full flow spin -on cartridge Engine speeds (rpm) Rated speed, full load 2200 Low idle 1020-1080 High idle, no load 2220-2280 Horsepower - Rated Gross 76 (56 kW) @ 2200 rpm Net 71 (52 kW) @ 2200 rpm Peak torque @ 1400 rpm Gross 214 Ib•ft (290 Nan) Net 2021b•ft (273 N•m) Torque rise 19.34% NOTE: Gross horsepower and torque per SAE J1995. Net horsepower and torque per SAE J1349. DRIVETRAIN Transmission Hydrostatic transmission Pump relief 6743 psi (46 500 kPa) Pump flow 40 gpm (152.1 L/min) Differential Limited slip w/45% transfer on front axles Rear axle oscillation 24° total Front and rear axle Differential ratio 3.87 Planetary ratio 6.00 Final axle ratio 23.25 Planetaries Outboard Service brakes Hydraulically actuated, maintenance -free, multiple wet disc w/accumulator to rear axle & joint shaft Brake surface area... 263.5 in' per hub (0.170 m') Parking brakes Mechanical Travel speeds - mph (km/h) w/405/70 R20 tires Forward Reverse Low 0-3.7 (0-6) 0-3.7 (0-6) High.... 0-12.4 (0-20) ... 0-12.4 (0-20) NOTE: Travel speeds at full engine throttle. ELECTRICAL Voltage 12 Volts, negative ground Alternator 65 amp Batteries (1) 12-Volt CASE HYDRAULICS Pump (steering/ implement) Open -centered pressure/flow compensated Fixed gear type 19 gpm @ 2200 rpm @ 3335 psi (72.1 L/min @ 2200 rpm @ 23 000 kPa) Loader control valve Open -center, 1 lever loader control w/ forward/neutral/reverse switch, float detent Loader auxiliary Steering Hydraulic orbital center -pivot articulating w/on-demand oil flow Main relief pressure 3335 psi (23 000 kPa) Filtration 15-micron, full flow replaceable cartridges on return line, condition indicator light for filter CYLINDERS Lift cylinder Bore diameter 3.3" (85 mm) Rod diameter 2.0" (50 mm) Stroke 26.6" (675 mm) Dump cylinder (Z-Bar) Bore diameter 3.9" (100 mm) Rod diameter 2.0" (50 mm) Stroke 16.9" (430 min) Page 1 of 6 Page 2 MAC Meeting October 29, 2003 Dan reviewed replacing the 1986 Dump Truck with a tandem unit which has brought the cost on the CIP up to $ 130 K from $ 90K. He said he is checking into the cost of getting only a Chassis (Power Unit) with interchangeable bodies. This will allow us to have the advantage of many different type trucks without the costs. It will also save us money in insurance. Dan will get price comparisons and get back to us. He also reviewed the scheduled small loader in the CIP for 2006 and requesting it be moved back to 2005. A Motion was made by Chuck S. and seconded by Dick G to recommend acceptance of the Public Works CIP with changes to be made of the removal of the Elgin Sweeper and replacing it with contract work. Moving the Small loader from 2006 to 2005 to replace the Back Hoe and the addition of a small bob cat Sweeper Attachment. The motion passed. Dan also mentioned he plans to shrink-wrap some of the summer equipment so it can be stored outside this winter since we are so short of space. He said many other Cities are doing this. Gregg M reviewed the Fire Dept CIP. With the new accounting system many items moved back to 2004 resulting in a large negative fund balance. We reviewed each item as to the possibility of moving it out to bring us more into balance. The end result was to move the Heavy Rescue, the imaging camera, and the generator to 2005 and to delete the Defibrillator in 2004. Gregg said they might be able to get an old generator unit from another City, but doesn't know if it will work. The remaining items should not be moved out for safety reasons, such as the turn -out gear. There was a discussion as to the future of our city needs for fire protection. It was agreed we need to have a study done to insure we have adequate coverage without duplication. A professional study will cost us about $ 20K but will perhaps save us money in the long run. It was agreed this should be added to the 2004 CIP. A Motion was made by Chuck S and seconded by Bud T to recommend the Fire Dept CIP be accepted with the changes of moving the Heavy rescue unit, the Generator, and the Camera to 2005, and to add a Fire Dept Study at a cost of $ 20,000 to 2004. Although the Fire Dept CIP has a negative fund balance for 2004 we recommend it be approved and some sort of alternative funding be looked at. The Motion Passed. 11 /19/2003 Department Public Works Fund 410 CITY OF LAKE ELMO CAPITAL ACQUISITION -Public Works Equipment CAPITAL ACQUISITION -Public Works Equipment ITEM Amount REPLACE 2003 2004 2005 2006 2007 2008 YEAR FUND BALANCE 106,296 93,070 176,370 104,670 149,970 198,270 ADDITIONS [sue et, r- 65,000 58,300 58,300 58,300 58,300 58,300 Sell Sweeper 75,000 Total Additions 65,000 133,300 58,300 58,300 58,300 58,300 Loader Final Pay 2003 28,226 Tractor/Mower 80,000 2003 50,000 (small Loader 50,000 2004 50,000 Dump Truck 130,000 2005 130,000 Air Compressor 13,000 2006 13,000 Black Top Roller 10,000 2007 10,000 Wood Chipper 40,000 2008 Pick -Up 40,000 2008 Total Expenses FUND BALANCE 30,000 40,000 78,226 50,000 130,000 13,000 10,000 70,000 93,070 176,370 104,670 149,970 198,270 186,570 -8- Lake Elmo City Council January 20, 2004 Agenda Section: Planning, Land Use &Zoning No. 9A Agenda Item: OHW Setback Zoning Variance — Reed, 8056 Hill Trail Background Information for January 20.2004: At the December 16 meeting the Council tabled this request for a variance to enlarge a non -conforming structure. The non -conformity is from OHW setback, and is very minimal. On December 8, 2003 the Planning Commission had recommended approval of the variance. While discussed briefly by the Planning Commission, no specific action was recommended regarding the applicant's representation that the driveway to the proposed new garage structure would extend to the north property Iine of the lot, and therefore not comply with the zoning ordinance setback standard of 5 feet. Staff advised the Commission that there did not appear to be a need for the driveway to encroach closer than the 5 feet required, and the City would insist on that setback with the building permit. On December 16 Council Members voiced concern as to whether the garage would be physically accessible if the 5 foot setback is to be enforced. They requested the applicant to prepare a schematic demonstrating that vehicles could negotiate a driveway curvature to the garage that would result from applying the 5 foot setback. The focus of the Council's concern appeared to be avoiding the applicant returning at a later date for a driveway setback variance when they find the turning radius to be insufficient. Staff has communicated with the applicants several times since December 19 regarding the driveway setback issue. The applicants requested that further consideration of this application be deferred pending their decision as to whether to proceed using the 5 foot driveway setback; or, reapply for a variance from the 5 foot driveway setback. On January 15 the applicants submitted the attached drawings that display their project with a 5 foot driveway setback assumed. One drawing shows vehicles on the driveway, but it does not clearly address whether the turning radius of the driveway would be sufficient. Person resuonsible: Action items: Motion to adopt Resolution #2004 - approving a variance from the OHW setback of Lake Demontreville at 8056 Hill Trail to enable expansion of the structure now non -conforming as to OHW setback per plans staff -dated January 15, 2003, subject to the applicants maintaining the 5 foot driveway setback; and, the understanding by the applicants that no future variance will be approved by the City Council for this property on the basis of hardship imposed by garage/driveway access constraints. Attachments: 1. Resolution #2004 - Approving Variance 2. Applicant's 1/15/04 Graphics 3. City Council Minutes of December 16, 2004 Time Allocated: (Variance — Continued from Page 1) In an effort to move this matter to conclusion staff has checked the turning radius for what would be the most constrained vehicle types that would be likely encountered at this residence — pickup trucks. We find those to range from a low of 19+ feet for a'/s ton Chevrolet to 24 feet for a 3/4 ton Ford. We have also roughly calculated the outside and inside radii of the proposed driveway with a 5 foot setback to range from a minimum of 17 feet on the extreme west edge to 28 feet at the extreme east edge (nearest the house). It appears to staff that the two east bays of the garage would be accessible by almost any reasonable vehicle, but the west bay of the garage may be limited to access by a short wheelbase vehicle — not an unreasonable arrangement in our view with a 3 car garage. We note also that the applicants have identified the location of a large Oak tree that exists in the yard. The applicants have previously suggested that they recognize that access to the west garage portion may be limited if the tree is to be saved. We view that as the applicant's choice — save the tree or have full access to all three garage bays. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-009 A RESOLUTION APPROVING A SHORELAND OVERLAY DISTRICT VARIANCE FOR JEFF REED AT 8056 HILL TRAIL N. WHEREAS, Jeff Reed, 8056 Hill Trail N., has made application for a variance from the Shoreland Overlay District Standards that will enable remodeling and enlargement of a currently non -conforming structure, WHEREAS, at its November 24, 2003 meeting, the Lake Elmo Planning Commission held a Public Hearing and recommended approval of the requested variance subject to conditions based on the following findings: 1. The property can not be put to reasonable use without the granting of the variance requested. Reasonable use must be defined in the context of contemporary housing standards and design. The proposed modifications are in keeping with both. 2. The variance request results from circumstances unique to properties where principal structures were constructed prior to adoption of Shoreland Regulations; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood, if said neighborhood is defined by the preponderance of contemporary lake front housing in the City. WHEREAS, at its December 16, 2003 meeting, the Lake Elmo City Council reviewed the variance for Jeff Reed at 8056 Hill Trail N., to permit structure remodeling and enlargement of a structure not conforming to the minimum OHW standards and tabled the variance request until the applicant provided a corrected detailed site plan showing the 5 foot driveway setback. WHEREAS, at its January 20, 2004 meeting, the Lalce Elmo City Council reviewed the newly submitted detailed site plan dated January 15, 2004, NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council approves the variance requested from Jeff Reed, 8056 Hill Trail N., from the Shoreland Overlay District standards for OHW set back to permit enlargement of a non -conforming structure per plans staff dated January 20, 2004 based on the following conditions: 1. That the applicant complies with the recommendations of the Valley Branch Watershed District and the City Engineer. 2. That the proposed driveway must meet the five foot setback standards from the north property line. ADOPTED, by the Lake Elmo City Council on January 20, 2004. Lee Hunt, Mayor ATTEST: Charles E. Dillerud B. Resolution No. 2003-101. Final Payment for Eagle Point Blvd I. Resolution No. 2003-102 Final Pavment for Eagle Pint Blvd. II to Tower Asphalt — The City Engineer requested removal of this agenda item, 5. FINANCE: A. Resolution No. 2003-103, Annrove Claims MIS/P Siedow/DeLapp —to adopt Resolution No. 2003-103, A Resolution Approving Claim Numbers 178, 179, DD76 through DD83, 24857 through 24891, were used for Staff, Fire & Council payroll dated December 11, 2003 and Claim Numbers 24892 through 25028 in the total amount of $295,467.36. (Motion passed 5-0). 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Building Dent: Update on Activities The Building Official reported there was one new residential building permit issued in November. Parks Supervisor, Mike Bouthilet introduced the new Heavy Equipment Operator, G.T. Magnuson. 8. CITY ENGINEER'S REPORT The City Engineer reported the signed right -of -entry permission forms are coming in for drainage purposes in the Hill Trail/50th Street Reconstruction project. 9. PLANNING. LAND USE & ZONING: A. Resolution No. 2003-104: Shoreland Overlay District Zoning Variance: Reed. 8056 Hill Trail At its December 8, 2003 meeting, the Planning Commission recommended approval of a variance to OHW setback standard that will permit the existing home that is marginally non -conforming to those standards to be enlarged by the addition of an attached garage. No additional OHW encroachment would result. The Public Hearing was conducted on November 21 at which time the applicant had also required a side yard set back variance from the R-1 standard of 10 feet, Since it appeared the Commission would recommend denial of this second variance the applicant requested the application to be tabled for redesign to eliminate the need for the side yard set back variance. Council members DeLapp and Johnston noted based on the site plan submitted the proposed driveway did not meet the five foot setback standard from the north property line, and they did not believe the design of the driveway would enable cars to get into the garage. The applicant was not in attendance to respond. Attorney Filla suggested the Council could table this and continue for 60 days so the applicant can provide a site plan at scale with the driveway corrected on the lot. M/S/P DeLapp/Johnston - to table the variance request by Jeff Reed until the applicant provides a corrected detailed site plan. (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES DECEMBER 16, 2003 2 HILL TRAIL ROAD • DPIVLWAY 0 ca ROGER AND CANDICE JOHNSON GARAGE ,.r r.� 0 } BUD AND AUDREY TALCOTT CLAY AND JUDITH MICHAELS Al 9M. ELEQM DECK ©rawi✓'i5 No carts 1-15-0'/ PROPERTY LINE PROPERTY LINE FENCE PROPERTY LINE HILL TRAIL ROAD 0 ------ it ' 7 5/8„ 0 0 ROGER AND CANDICE JOHNSON GARAGE 36' - 0" BUD AND AUDREY TALCOTT CLAY AND JUDITH MICHAELS fla EIIE 6N Ln t Drawin4 1r/;1h cgr5 RECEIVED JANi5Z004 PROPERTY LINE PROPERTY LINE FENCE PROPERTY LINE