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HomeMy WebLinkAbout02-17-04 LE CCMPMayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Dean Johnston Cluck Siedow Please read: Pledge of Allegiance 1. Agenda 2. Minutes Lake Elmo City Council Tuesday February 17, 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 7:00 PM 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Study Presentation — Old Village Constructed Wetlands Wastewater Feasibility 4. CONSENT AGENDA A. Community Improvement Commission Application:Jill Anderson B. Resolution No. 2004-014: Approving Claims 5. FINANCE 6. NEW BUSINESS A. MLCCS Mapping Grant - Washington County Conservation District 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept; Score Board Donation B. Building Dept Update: Jim McNamara February 3, 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. Lake Elmo City Council Agenda February 17,2004 Page 2 8. CITY ENGINEER'S REPORT: Tom Prew A. Resolution No. 2004-115:2004 Overlay Feasibility Report and call a public hearing 9. PLANNING. LAND USE & ZONING: A. Resolution No. 2004-116: Cluster and Minor Subdivision: Merle & Fonda Olson B. Fence Regulation — Permitting Process C. Old Village Planning Area Development Moratorium 10. CITY ATTORNEY'S REPORT: A. 11. CITY ADMINISTRATOR'S REPORT: A. Fire Department Officer Selection Process B. Resolution No. 2004-117 Endorsing Legislation Regarding CRT Recycling 12. OLD BUSINESS: A. Follow -Up Workshop B. Strategic Planning Workshop 13. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow Employee and Volunteer Recognition Banquet, Friday, February 20`", Machine Shed C. Dillerud BOARD OF REVIEW: May 7, 4-6 p.m. 1 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 1. AGENDA 2. MINUTES: January 20, 2004 3. PUBLIC/INQUIRIES/INFORMATIONAL: A. Public Inquiries: Community Improvement Commission B. State of the Region Meeting C. Washington County Library 4. CONSENT AGENDA: A. Resolution No.2004-011 Approving Claims 5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Request for Proposals — Trail System Plan B. Street Sweeping C. Update on Fire Dept. Activities: Chief Malmquist 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. OP Concept Plan — Whistling Valley Second Addition B. 2004 CDBG Project — Community Improvement Commission 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Fire Dept. Officer Selection 12. CITY COUNCIL REPORTS: Mayor Hunt called the meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Engineer Tom Prew, City Attorney Filla, Acting Finance Director Tom Bouthilet and Acting Administrator/Planner Dillerud. 1. AGENDA 3B Community Improvement Commission membership, 3C. Met Co, 11A. Information on Freedom Information action, Mayor Hunt will give an Update on the Marilyn Condon workshop and agenda. Attorney Filla asked for a Closed Executive Session for 10 minutes to discuss the Hidden Bay Trail and 37th Street North property litigations. M/S/P Dunn/Johnston - to approve the February 3, 2004 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: January 20, 2004 M/S/P DeLapp/Dunn - to approve the January 20, 2004 City Council Minutes, as amended. (Motion passed 4-0-1Dunn, Abstain). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 3. PUBLIC/INOUIRIES/INFORMATIONAL: A. Public Inquiries It was the general consensus of the Council that they would consider the appointment of Jill Anderson, Lake Elmo Jaycees Secretary, to the Community Improvement Commission, and asked that she fill out an application. B. State of the Region Meeting Council member DeLapp attended the State of the Region Meeting where Peter Bell was the primary speaker. DeLapp reported that Bell stated how every governor resulted in a new direction for the Metro Council; and that keeping costs low is the #1 concern. C. Washington County Library Wyn John, Friends of Lake Elmo Library, reported that on January 29 the Washington County Board met and noted that by 2010 there will be considerable growth in Washington County. There was a conclusion that the Lake Elmo library would exist, and that the Board was aware of the City's potential purchase of building for new City hall, with present City Hall potentially accommodating the library. The Board will not proceed with architects until it hears from Lake Elmo. Since this building may not be available until 2005, the Friends of Lake Elmo Library might start to look at other areas for a temporary rental. Acting Administrator Dillerud said he will be meeting with owners of 3880 Laverne Avenue N. on Thursday to discuss a purchase agreement. 4. CONSENT AGENDA: A. Resolution Ng,2004-011 Approving Claims M/S/P DeLapp/Dunn - to approve Resolution No. 2004-011, Approving claim numbers 185, 186, DD98 throngh DD103, 25089 through 25091, which were used for staff payroll dated January 22, 2004, and Claim Numbers 25092 through 25131 dated February 3, 2004, in the total amount of $132,315.79. (Motion passed 5-0). 5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Request for Proposals — Trail System Plan The City Planner reported that in 2002 the Parks Commission created a Trail Plan Subcommittee to begin work on a new Trails System Plan with the City Planner assisting. Work had started on the resources inventory component of the plan. All LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 2 of the work on the Trail Plan was suspended by City staff when the City Planner was asked to take on the duties of Acting City Administrator on December 19, 2002. The Trail Subcommittee and Park Commission concurred with the City Planner's recommendation that the project be contracted to a competent planning consultant for completion. The Trails Subcommittee composed a Request for Proposal to solicit that work and a Trail Study is in the approved CIP as a $20,000 capital project in 2003. Even though the Trail Plan RFP was prepared by the Commission earlier 2003, the Commission was advised that it would not be presented until the CIP was adopted by the Council, which was in December, 2003. The draft RFP was presented to the City Council for its approval to proceed. M/S/P DeLapp/Siedow - to approve distribution of a Request for Proposals for consultant services to prepare a Trail System Plan, as recommended by the Park Commission and Acting City Administrator, with the inclusion of existing trails and background work completed by a Trail Committee several years ago. (Motion passed 5-0). B. Street Sweeping The Acting Administrator reported that the former Maintenance Supervisor and the present Acting Supervisor has recommended that the City suspend sweeping with City crews, and contract that work with a private firm. This strategy was concurred in following review by the Maintenance Advisory Commission on October 29, 2003. The primary motivation for this recommendation include difficulties with disposing of sweepings; and, the expense of owning, storing and maintaining a street sweeper used only during short periods of the year. Council member DeLapp noted that back 4 years ago the decision to purchase a street sweeper was because we needed to use it 12 months of the year which made no sense then. Mayor Hunt added that the primary rationale was to have the ability to clean up developments. Council member Siedow stated that it appears that a mistake was made on street sweeping strategy, and it would not be the last mistake. M/S/P DeLapp/Dunn - to direct the City Administrator to accept the proposals of Allied Blacktop Company (per rates quoted) for street sweeping and Miller Excavating (per rates quoted) for sweeping, trucking and disposal as the lowest responsible quotations for 2004 street sweeping. Further that the City retain the Elgin street sweeper pending a review of the 2004 contract street sweeping program. (Motion passed 5-0). C. Update on Fire Dent. Activities: Chief Malmquist LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 3 Fire Chief Malmquist reported that out of the four new recruits there are two remaining and introduced Amanda Collyard and Lauren Potter, who will be probationary members on the department. M/S/P DeLapp/Dunn - to approve Amanda Collyard and Loren Potter as probationary members on the Lake Elmo Fire Department. (Motion passed 5-0.) Fire Chief Malmquist recognized John Laatsch who was a probationary member and placed on as Firefighter #76 of the Lake Elmo Fire Dept. The Council congratulated Firefighter Laatsch and Bonnie Collyard who was nominated Fire Fighter of the Year. 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. OP Concept Plan — Whistling Valley Second Addition The City Planner reported that, at its January 26, 2004 meeting, the Planning Commission recommended approval of the OP Concept Plan of Whistling Valley Phase 2 to create 18 SFD building lots on a site of 45 acres east of and adjacent to the Whistling ValleyOP. The approval recommendation was subject to several conditions. Bob Close, Close Landscape Architecture, presented a revised OP Concept Plan, dated February 3, 2004, which addressed the conditions number 1, 2, and 4 recommended by the Planning Commission. Close said he would work with the Fire Department on the width of the roads. There was discussion on the width of the trails and whether they were private trails or should be public trails because of the cost. The Planner will bring the trail item to the Parks Commission. M/S/P DeLapp/Siedow — to adopt Resolution No. 2004-012, A Resolution Approving the Open Space Concept Plan for Whistling Valley Second Addition with the deletion of Conditions No 1, 2, and 4, per plans staff dated February 3, 2004 based on the recommendation of the Planning Commission as to the Findings and Conditions contained in the Approval Resolution. (Motion passed 5-0). B. 2004 CDBG Proiect — Community Improvement Commission The City Planner reported that the Community Improvement Commission recommended that both the $10,000 balance of the 2000-2003 City CDBG allocation; and, the $48,000 2004 City CDBG allocation be applied to inspection of private gas service connections to the individual Cimarron manufactured housing units (some of which are nearing 40 years of age). The Planner noted that until the initial inspections are completed to the oldest units, it will not be known whether it LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 4 will be necessary toinspect all 505 units. The Commission also recommended that the project include a grant opportunity for income qualifying unit owners to make whatever repairs and corrections to gas services found to be required by the inspections. M/S/P Johnston/DeLapp - to draft a resolution approving the City's 2004 CDBG Grant Application. (Motion passed 5-0.) 10. CITY ATTORNEY'S REPORT: Attorney Filla asked for a ten minute Closed Executive Session after the adjournment of the regular council meeting to discuss a proposed settlement on property complaints. 11. CITY ADMINISTRATOR'S REPORT: A. Fire Dent. Officer Selection The Acting Administrator reported that on December 2, 2003 the Council tabled a proposal by Fire Chief Malmquist, endorsed in concept by the Acting City Administrator, to modify the historic and current process of selecting Fire Department offices. The department internal election of officers (Chief, District Chiefs and Captains), and confirming appointments by the Council would be replaced by a process similar to that of the City regarding any other employee or supervisor —a recommendation to the Council by the City'Administrator, and appointment by the Council in keeping with Section 200 of the City Code. Rather than serving for specified terms, all department officers would serve until discharged by the Council, again at the recommendation of the City Administrator, and in keeping with Section 200 of the City Code. The Council had tabled a motion to adopt the new selection process to allow time for the Fire Department staff to respond to the proposed selection procedure by an internal vote to amend the Department By-laws to that effect. Fire Chief Malmquist advised that the By-law amendment vote by Fire Department staff took place on January 20, 2004. With 18 staff voting (of over 25 total Officers and Firefighters active in the department), the outcome was 8-10 to not modify the By-laws in keeping with the proposed modification to the office selection procedure —departmental election of officers remains in the department By-laws. The Council again endorsed the new selection process to be consistent with the process similar to that of the city regarding any other employee or supervisor. Mayor Hunt stated he would be in favor of an interactive workshop with the department as long as it didn't turn into a gripe session. Attorney Filla noted the City would have to do some massaging of the City code. The by-laws deal with many things besides the selection of Fire Chief. The by-laws LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 5 are still a working document and by abandoning these laws, he had a concern as to what kind of impact this would be on a paid -on -call Fire Department. M/S/P Johnston/DeLapp — direct the staff to come back to the February 17th Council meeting with recommendation on how the Council would adopt the new selection process proposed by the Fire Chief while maintaining the general framework of the existing by-laws. (Motion passed 5-0). Council member Dunn asked that Chief Malmquist find the SOG's the Fire Department Study Committee had worked on to be placed in a book form. 12. CITY COUNCIL REPORTS: Freedom Information Act — Council member DeLapp reported that he had called the Met Council for background on some of their accusations against the city. He had heard that the lower level employees at the Met Council were directed not to talk to anyone from Lake Elmo. DeLapp thought there must be some basis the Met Council didn't want us to know about and if we found that out this could help our legal team. The Acting City Administrator explained that during the discovery phase our attorneys demanded every piece of information regarding Lake Elmo. If the Met Council failed to provide us with some information, they are in violation and in contempt of court. Dillerud said he didn't know if there is anything new other than METC staff opinions brought forth, Mayor Hunt presented information on the following: Arbor Day — Information on a seminar on saving trees will be passed onto the Council and planning commission. The Council was asked to submit names for appointment to for expired term of South Washington Watershed District. The Center for the American Experiment is having their dinner and a table of 10 can be purchased at a cost of $25,000- or $150 for an individual ticket. Council member Dunn advised that the Gathering Garden Cafe located on Lake Elmo Avenue is now open for business. Mayor Hunt indicated the desire to have a follow-up workshop between the Council and Marilyn Condon to discuss strategic planning. There was some question if this workshop was covered under the initial agreement versus paying an extra $1,000. Council member Johnston — The perspective review of the Center for American Experiment report has been delivered to all the AMM metro agencies committee and the committee will be asked to make recommendations. Council member Siedow reported that there was an article in the Stillwater Gazette regarding the new MN/WI Bridge, and one of the options taken off was no bridge at all. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 6 The Council adjourned the regular council meeting at 8:55 p.m. to discuss property complaints and the Hidden Bay property. Respectfully submitted by Sharon Lumby, Deputy City Clerk Resolution No. 2004-011 Approving Claims Resolution No. 2004-012 Approve the OP Concept Plan for Whistling Valley Second Addition Resolution No. 2004-013 Approve 2004 CDBG Grant Application LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 7 MINUTES APPROVED: February 3, 2004 LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2004 1. AGENDA 2. MINUTES: January 6, 2004 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 Banquet D. Reschedule March 2 Council Meeting 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) 50th Street Pond Study C. Resolution No. 2004-008 Approve Claims 5. FINANCE 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. Resolution No. 2004-009, OHW Setback Zoning Variance: Jeff Reed, 8056 Hill Trail B. Community Facilities Committee Recommendations C. Resolution No. 2004-010,!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. Sale of Leave Banks by Employees C. Save Local Control Action Plan 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council Chambers. PRESENT: Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official Jim McNamara, Acting Finance Director Tom Bouthilet and Acting Administrator/Planner Dillerud. ABSENT: Council member Siedow LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2004 1 B. Authorization For Professional Services (1) 34th Street Lift Station Ungrades M/S/P DeLapp/Johnston - 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. (Motion passed 4-0). (2) 2004 Bituminous Overlay Proiect M/S/P DeLapp/Johnston - to authorize the professional services of Tom Prew, TKDA, for the 2004 Bituminous Overlay rejects at an estimated cost of $10,000, verified by the City Engineer in his professional services agreement dated January 8, 2004. (Motion passed 4-0). (3) 50th Street Pond Study M/S/P DeLapp/Johnston - 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. (Motion passed 4-0). C. Resolution No. 2004-008 Annrove Claims M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-008 approving claim numbers 182, 183, DD89 through DD97, 24992 through 25025, that were used for staff payroll dated January 8, 2004, and claim numbers 184, 25026 through 25079 dated January 20, 2004 in the total amount of $364,288.89. (Motion passed 5-0). The Acting Finance Director reported there was no monthly budget report provided because he had to prepare for the audit report. 5. FINANCE 6. NEW BUSINESS: A. City Code Codification Services Agreement Sharon Lumby advised the Council that the City received a code codification proposal ($12,950) from the League of Minnesota Cities. Section 300 Zoning section will be excluded because of the proposed Performance -Based Zoning. Attorney Filla has verbally indicated he would do the legal review of the code under the estimated cost of $5,000 by the League Codification Attorney. Staff requested approval of Folio 4-Search and Retrieval program where the codifiers provide the City's code in the Folio format on CD at a cost of $595. After the Folio conversion, the code can be installed on the City's Internet at $250/Year, and this will give the residents easy access to the code. M/S/P Dunn/Johnston — to authorize the Mayor to sign the Codification Services Agreement with legal review services provided by City Attorney Filla at an estimated cost of $20,000 to be paid out of the Reserves/Administrator Contingency Account. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2004 3 a variance from the 5 foot driveway setback. On January 15 the applicant submitted drawings that display their project with a 5 foot driveway setback. M/S/P DeLapp/Dunn — to adopt Resolution 2004-009, A resolution approving a shoreland overlay district variance for Jeff Reed at 8056 Hill Trial N., as amended, to include the Illustration No. 1 dated January 15, 2004 provided by the applicant and to add the condition for removal of the existing driveway. (Motion passed 4-0). B. Community Facilities Committee Recommendations The Acting Administrator reported the Community Facilities Committee, with the assistance of the City's Financial Advisor, Appraiser Scott Rene and TKDA Architect, Teri Olsen, investigated several options for siting of a new City Complex that would include City Hall, Public Works/Parks and a Library. Two undeveloped sites within the Old Village planning area; and, two existing site/structures in the Old Village were analyzed for suitability and probable cost perspectives. At its January 14, 2004 meeting, the Committee 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 future. The present estimated cost to purchase Brookfield II and complete all the components is estimated by the Committee to be slightly over $3 million. The Acting Finance Director advised that there is about $2 million available from existing City resources, and sale of the vacant 15 acres city site on 45th Street N., to apply as cash to the project. The Committee recommended execution of three tasks promptly to take full advantage of the 2004 construction seasons, and the still favorable bond market. The scheduling concept would be to have the work completed, and the City moved in by the end of 2004. M/S/P Johnston/DeLapp — to direct the Community Facilities Comrittee, 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. (Motion passed 4-0). Council member Dunn asked the Committee to address a safe crossing of Highway 5 and wants to see the present City Hall building retained. Attorney Filla said a draft agreement can be put together by the next meeting, and he could bring it to the council LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2004 5 "Any City employee that has an Extended Illness Leave bank as of January 1, 2004, and has completed 5 years of continuous full time City employment may sell to the City Extended Leave Ban Balances that exceed 50% of the January 1, 2004 Bank Balance; or a total of 400 hours, which ever is less. The City Treasurer is authorized and directed to maintain a record of such sales and remaining Extended Illness Bank balances, deducting the hours sold from the employee's Extended Illness Bank responsive to this Policy from the Extended Illness Bank Balance payable to the employee as severance at City employment termination. Any qualifying sale of Extended Illness Bank hours shall be in a minimum amount of 40 hours, or 50% of the qualifying employee's extended illness Bank Balance, whichever less." M/S/P DeLapp/Dunn - to approve the amendment to the Personnel Policy approving the sale of Leave Banks by Employees. (Motion passed 4-0) C. Save Local Control Action Plan Council member Johnston distributed to the Council a plan entitled "Save Local Control Action Plan" dated January 20, 2004. The Council thought the plan was a good idea and the timing was right. M/S/P Johnston/DeLapp — to adopt the "Save Local Control Action Plan", as presented. (Motion passed 4-0.) 12. CITY COUNCIL REPORTS: Mayor Hunt will contact Marilyn Condon for dates to hold a second Council workshop and the Council will indicate the dates that will be convenient. Council member DeLapp reported the meeting on the state of finances with Rebecca Otto and former fmance directors was excellent. It was video taped and could fmd out if we can play the tape. He brought up the new MnDOT noise barricade on 694 on west side of freeway which is sending an enormous amount of noise into Lake Elmo, and he suggested the City needs to communicate this problem to MnDOT. The Council suggested writing a letter to the district engineer and to suggest erecting a barricade on the other side of the freeway as well; or, to establish plantings to diffuse the sound. M/S/P DeLapp/Dunn — to invite the MnDOT District Engineer and Tom Prew to a future Council meeting to discuss some of our problems with State roads. (Motion passed 4- 0), Council member Dunn reported her and Council member Johnston attended the Metropolitan Airport Commission meeting held at the Oakdale Jr. H.S. on January 12 regarding the expansion of runways at the Lake Elmo Airport. Representative Lipman and Senator LeClair were also in attendance. Residents were encourages to contact MAC and voice their displeasure with the plan. Meeting adjourn at 9 p.m. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2004 7 Lake Elmo Agenda Section: CONSENT AGENDA No 4A. City Council February 17, 2004 Agenda Item: Community Improvement Commission Background Information for February 17, 2004 The City has received an application from Jill Anderson to serve on the Community Improvement Commission. The following motion is offered for your consideration. Person responsible: Action Items: Motion Second . to appoint Jill Anderson to serve on the Community Improvement Commission. City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 777-5510/ Fax 777-9615 Application for Community Improvement Commission Appointment Date: 2/4/04 Name: Jill Anderson Address: 2120 Division Court; White Bear Lake, MN 55110 Phone: (W) 651.638.3553 / (H)651.426.9249/ (C) 651.335.4553 What do you consider to be the major societal and law enforcement issues requiring improvement in the City of Lake Elmo? One of the major societal issues I feel that affects all communities is the lack of activities for our pre-teen/teenagers and elderly. I believe the community, as a whole, would benefit from functions that would enable our youngsters to learn from the wisdom of our elders, and our elders would thrive from functions that would put them in a mentoring position to our young adults. Just because someone is young, or old, does not mean they do not have a purpose, something to share or something to learn. One of the major law enforcement issues in my eyes is the fact that officers are underpaid, under -appreciated, and over worked. Their public image has been tarnished, and as a City who appreciates our officers, not only police but also firefighters, we should do more to promote the good they do in the area. What do you see as the role and function of the Community Improvement Commission? I believe members of the Community Improvement Commission should act as a liaison between the community and its leaders, both elected and those doing their sworn civic duties. This program created by the City of Lake Elmo should become an example to surrounding communities and throughout the state of Minnesota as to what being a concerned community means and the steps we have taken to ensure that Lake Elmo is a community of children and adults and the elderly. What experience and qualifications do you have that you feel will contribute to the Community Improvement Commission's work, and will enable you to provide a service in this regard? I can bring the care and concern of being a mother of two, the resources of the Lake Elmo Jaycees, and the desire to make a difference. How much time do you have, or are you willing to devote to Community Improvement Commission activities? I am willing to commit as much time to the activities of the Community Improvement Commission as needed. I do not feel at this time that it should interfere with any other commitments I have, either with my family, the Jaycees, or work. What property or development interest, either direct or indirect, do you have within Lake Elmo? I am a member of the Lake Elmo Jaycees. 118. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-014 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Numbers 187, 188, DD104 through DD112, 25132 through 25164, were used for Fire/Staff, payroll dated February 05, 2004, Claim Numbers 25165 through 25208 dated February 17, 2004 in the total amount of $279,861.13 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 17th day of February, 2004. Lee Hunt Mayor ATTEST: Charles E. Dillerud Acting City Administrator Accounts Payable Computer Check Proof List SPPJI'GB User. administrator Printed: 02/12/2004 - 2:57 PM SOFTWARE E Invoice No Description Amount Payment Datekcct Number Reference Vendor:10000 10,000 Lake Chapter Check Sequence: 1 ACH Enabled: No 2-Day Bldg Seminar -Horning 175.00 02/17/2004 101-420-2400-44330 Check Total: 175.00 Vendor:ABDO Abdo Eick & Meyers Check Sequence: 2 ACH Enabled: No 212364 Year -End Payroll Services 1,229.60 02/17/2004 101-410-1530-43010 Check Total: 1,229.60 Vendor.ARAM Aramark Check Sequence: 3 ACH Enabled: No 629-5400545 Linen City Hall 48.00 02/17/2004 101-410-1940-44010 Check Total: 48.00 Vendor:ASPENMI Aspen Mills, Inc. Check Sequence: 4 ACH Enabled: No 54208 Jackets -Fire Dept. 976.00 02/17/2004 101-420-2220-44170 Check Total: 976.00 Vendor:BOUTHTOM ThomasBouthilet Check Sequence: 5 ACH Enabled: No Claim Voucher Scanner for Utility Billing 379.00 02/17/2004 601494-9400-43180 Check Total: 379.00 Vendor:BOYER Boyer Ford Trucks Check Sequence: 6 ACH Enabled: No 24767SP Part -Public Works 7.43 02/17/2004 101430-3100-42210 Check Total: 7.43 Vendor:BUBERL Buberl Recycling & Compost Inc Check Sequence: 7 ACH Enabled: No 18706 Snow Plowing 2,147.50 02/17/2004 101430-310043150 Check Total: 2,147.50 AP - Computer Check Proof List (02/12/2004 - 2:57 PM) Page 1 Invoice No Vendor:COPYIMAG 44029 Vendor:FARMERS 141352 141372 Vendor.FIREENG Vendor.F1REINST Vendor:FOUR 23-035218 Description Copy Images, Inc Maint Agreement -Copier Check Total: Farmers Union Co -Op Oil Fuel -Fire Dept Fuel-Buiding Dept. Check Total: Fire Engineering Subscription Renewal Check Total: Fire Instructors Assoc of MN Membership Renewal Check Total: Four Seasons Service Supplies -City Hall Check Total: VendorHAGBERGS Hagbergs Country Market 10 Supplies -City Hall Check Total: Vendor:LEAUGE I 15071 15071 15071 15071 15071 15071 15072 15072 15072 15072 15073 15074 League of MinnesotaCities Insurance Trust Annual Insurance -Fire Annual Insurance -Water Annual Insurance -Parks Annual Insurance-Publioc Works Annual Insurance -Bldg. Dept. Annual Insurance-Adnun Annual Insurance -Fire Annual Insurance -Parks Annual Insurance -Bldg Annual Insurance-Admin Annual Insurance-Admin Annual Insurance-Admin Amount Payment Datelcct Number Check Sequence: 8 255.60 02/17/2004 101-410-1940-44040 255.60 21.50 02/17/2004 31.88 02/17/2004 53.38 Check Sequence: 9 101-420-2220-42120 101-420-2400-42120 Check Sequence: 10 29.50 02/17/2004 101-420-2220-44330 29.50 Check Sequence: 11 10.00 02/17/2004 101-420-2220-44330 10.00 Check Sequence: 12 38.35 02/17/2004 101-410-1940-44300 38.35 Check Sequence: 13 23.26 02/17/2004 101-410-1320-44300 23.26 11,547.00 02/17/2004 2,985.00 02/17/2004 1,723.00 02/17/2004 13,603.00 02/17/2004 772.00 02/17/2004 23,074.00 02/17/2004 1,361.00 02/17/2004 1,361.00 02/17/2004 100.00 02/17/2004 5,349.00 02/17/2004 199.00 02/17/2004 459.00 02/17/2004 Check Sequence: 14 101-420-2220-43630 601-494-9400-43610 101-450-5200-43630 101-430-3100-43630 101-420-2400-43630 101-410-1320-43610 101-420-2220-43630 101-450-5200-43630 101-420-2400-43630 101-410-1320-43610 101-410-1320-43610 101-410-1320-43610 Reference 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 (02/12/2004 - 2:57 PM) Page 2 Invoice No Vendor:LEOII, B01203 S01203 S01208 Vendor:LIN'NER 16307 Vendor:Magnuson Claim Voucher VendorMARONEYS 027684 027684 027684 Vendor:MCLEOD 3282916 3282916 3282916 3282916 3282916 3282916 3282916 3282916 Description Check Total: Lake Elmo Oil, Inc. Fuel -Public Works Fuel -Fire Dept. Fuel -Parks Check Total: Limier Electric Company, Inc. Heating Unit Repair Park Shelter Check Total: GeraldMagnuson Clothing Allowance Check Total: Maroney's Sanitation, Inc Refuse Removal -City Hall Refuse Removal -Public Works Refuse Removal -Parks & Fire Check Total: McLeod USA Check Total: Vendor:MENARDSO Menards - Oakdale 5344 Wlndsheild Deicer -Public Works Check Total: Vendor:METROFIR Metro Fire 15750 Foam -Fire Dept Amount Payment Datakcct Number Reference 62,533.00 1,842.48 136.31 13.36 1,992.15 02/17/2004 02/17/2004 02/17/2004 Check Sequence: 15 101-430-3100-42120 101-420-2220-42120 101-450-5200-42120 Check Sequence: 16 799.00 02/17/2004 101-450-5200-44010 799.00 Check Sequence: 17 104.95 02/17/2004 101-430-3100-44170 104.95 95.89 02/17/2004 95.89 02/17/2004 183.96 02/17/2004 375.74 60.43 106.24 82.98 283.94 50.24 113.63 130.26 60.43 888.15 02/17/2004 02/17/2004 02/17/2004 02/17/2004 02/17/2004 02/17/2004 02/17/2004 02/17/2004 Check Sequence: 18 101-410-1940-43840 101-430-3100-43840 101-450-5200-43840 Check Sequence: 19 101-410-1940-43210 601-494-9400-43210 101-450-5200-43210 101-410-1940-43210 101-420-2220-43210 101-420-2220-43210 101-430-3100-43210 602-495-9450-43210 Check Sequence: 20 12.08 02/17/2004 101-430-3100-42150 12.08 Check Sequence: 21 142.71 02/17/2003 101-420-2220-44300 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 (02/12/2004 - 2:57 PM) Page 3 Invoice No 15999 Description Fire Equipment Check Total: Vendor:MILLEREX Miller Excavating, Inc. 9263 Repair of Water Main Break Check Total: Vendor:Natl Wat 0077298 Vendor:NEXTEL 761950227-010 761950227-010 761950227-010 761950227-010 National Waterworks Parts -Well # 1 Check Total: Nextel Communications Building Dept. Public Works Parks Admin Check Total: Vendor.NOSTPAUL City of North St Paul 2004020665 Sand/Salt Check Total: Vendor.OAKDALE 1000039700 1000046000 Vendor.PELNAR Vendor:POLFUS 1052120 Vendor.PRAXAIR 511026 City of Oakdale Oakdale Water -North Lake Jane Oakdale Water-South-I-94 Check Total: KathiPelnar Animal Control Services -Jan. 04 Check Total: Polfus Implement, Inc Brush for Tractor Check Total: PRAXAIR DISTRIBUTION INC. Welding Supplies Amount Payment Datetcct Number Reference 233.85 02/17/2004 101-420-2220-45800 376.56 Check Sequence: 22 1,049.06 02/17/2004 101-430-3100-44030 1,049.06 Check Sequence: 23 229.10 02/17/2004 601-494-9400-42270 229.10 84.78 02/17/2004 75.08 02/17/2004 37.54 02/17/2004 39.29 02/17/2004 236.69 Check Sequence: 24 101-420-2400-43210 101-430-3100-43210 101-450-5200-43210 101-410-1940-43210 Check Sequence: 25 1,423.80 02/17/2004 101-430-3100-42290 1,423.80 899.70 02/17/2004 1,739.83 02/17/2004 2,639.53 Check Sequence: 26 601-494-9400-43820 601-494-9400-43820 Check Sequence: 27 109.91 02/17/2004 101-420-2700-43150 109.91 Check Sequence: 28 326.55 02/17/2004 101-450-5200-2210 326.55 Check Sequence: 29 105.29 02/17/2004 101-430-3100-42150 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 (02/12/2004 - 2:57 PM) Page 4 Invoice No Vendor.PRESS VendorRENNESC Vendor.Reserve Vendor:RUD Vendor.S&T 011R6686 O1I54064 01IS4969 01T6088 Vendor:SATELLIT 24180605 Vendor:SCHAFKIM 47447556 Description Check Total: StevenPress Cable Operator Check Total: Scott Renne Appraisal Contract Services Appraisal Contract Services Check Total: Pitney BowesReserve Account Postage Check Total: DianePrince-Rud Cleaning City Hall Cleaning Fire Hall Cleaning Supplies Check Total: S&T Office Products, Inc. Towels & Supplies -Parks Chair -Bldg Dept Office Supplies Office Furniture -Administrator's Office Check Total: Satellite Shelters, Inc. Bldg Trailer Rental Check Total: Schaffel, Kimberly Office Supplies Check Total: Vendor:STATETRE State Treasurer Certification Seminar Amount Payment Dat®\cct Number 105.29 Check Sequence: 30 80.00 02/17/2004 101-410-1320-44300 80.00 600.00 02/17/2004 1,100.00 02/17/2004 1,700.00 Check Sequence: 31 410-480-8000-45200 803-490-9070-44300 Check Sequence: 32 500.00 02/17/2004 101-410-1320-43220 500.00 240.00 02/17/2004 240.00 02/17/2004 10.65 02/17/2004 490.65 105.96 02/17/2004 370.62 02/17/2004 129.76 02/17/2004 3,857.43 02/17/2004 4,463.77 Check Sequence: 33 101-410-1940-44010 101-420-2220-44010 101-410-1940-42110 Check Sequence: 34 101-450-5200-42150 101-420-2400-42000 101-410-1320-42000 410-480-8000-45700 Check Sequence: 35 319.50 02/17/2004 101-420-2400-44120 319.50 Check Sequence: 36 58.56 02/17/2004 101-410-1320-42000 58.56 Check Sequence: 37 70.00 02/17/2004 101-420-2400-44330 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 (02/12/2004 - 2:57 PM) Page 5 Invoice No Description Amount Payment Datelcct Number Check Total: 70.00 Vendor:SYmbol Symbol Arts 0034393-IN Patches -Fire Dept. Check Total: Vendor.Universi University of Minnesota Seminars -Septic Bldg Dept Check Total: Vendor:WAS-SHER Washington County Treasurer 39675 2nd Half -Law Enforcement Services Check Total: Check Sequence: 38 57.50 02/17/2004 101-420-2220-44170 57.50 Check Sequence: 39 275.00 02/17/2004 101-420-2400-44370 275.00 Check Sequence: 40 157,791.08 02/17/2004 101-420-2100-43150 157,791.08 Vendor. WASCOUNT Washington County Check Sequence: 41 39527 Auditor's request records 70.00 02/17/2004 101-10-1520-44300 Check Total: 70.00 Vendor: WEARGUA Wear Guard Check Sequence: 42 53082613-1 Uniforms -Public Works 171.41 02/17/2004 101-430-3100-44170 Check Total: 171.41 Vendor:XCEL 0644445749029 0084044646028 0176825022028 0417949252028 0446544592028 0573240678028 0592147254029 0614943270028 0777146175028 1278842757029 1427822590029 1577643354028 1684846045027 1957348187028 2045967139030 2175049940028 2332806007032 Xcel Energy Check Sequence: 43 302.37 02/17/2004 101-450-5200-43810 1,222.31 02/17/2004 101-420-2220-43810 17.82 02/17/2004 101-430-3100-43810 668.44 02/17/2004 101-410-1940-43810 19.76 02/17/2004 101-430-3100-43810 445.55 02/17/2004 602-495-9450-43810 7.37 02/17/2004 101-450-5200-43810 30.49 02/17/2004 101-430-3160-3810 7.36 02/17/2004 101-450-5200-43810 528.34 02/17/2004 601-494-9400-43810 41.34 02/17/2004 602-495-9450-43810 635.71 02/17/2004 101-420-2220-43810 12.22 02/17/2004 602-495-9450-43810 13.85 02/17/2004 602-495-9450-43810 358.88 02/17/2004 601-494-9400-43810 290.79 02/17/2004 101-450-5200-43810 1,170.60 02/17/2004 101-430-3160-43810 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (02/12/2004 - 2:57 PM) Page 6 Invoice No Description Amount Payment Datelcct Number Reference Check Total: 5,773.20 Vendor:ZACK Zack's, Inc. Check Sequence: 44 ACH Enabled: No 24773 Shop Supplies 284.00 02/17/2004 101-430-3100-42150 Check Total: 284.00 Total for Check Rum 250,678.85 Total Number of Checks: 44 AP - Computer Check Proof List (02/12/2004 - 2:57 PM) Page 7 City of Lake Elmo 3800 Lavernve Ave N. Lake Elmo MN 55042 2004 Insurance Analysis 2004 2004 2004 2003 Description Account Budget Actual Variance Actual Increase Admin-Bldg & Vehicles 101-410-1320-43610 27,360 29,081 -1,721 22,493 29.29% Fire -Bldg & Vehicles 101-420-2220-43630 11,792 12,908 -1,116 10,254 25.88% Bldg Dept. -Vehicle 101-420-2400-43630 877 872 5 763 14.29% Public Works. Vehicle 101-430-3100-43630 11,265 13,603 -2,338 9,795 38.88% Parks. -Vehicle 101-450-5200-43060 2,900 3,084 -184 2,510 22.87% Water 601-494-9400-43610 2,380 2,985 -605 2,069 44.27% Total 56,574 62,533 -5,959 47,844 30.70% irignrcgo Agency Inc./Insurance 3880 Laverne Avenue North • Lake Elmo, Minnesota 55042 • (651) 777-8788 • (651) 777-7730 Fax CITY OF LAKE FLMO 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 RENEWAL PREMIUM SUMMARY / COMPARISON 2003/2004 2004/2005 PROPERTY $ 4,355.00 $ 4,890.00 EQUIPMENT BREAKDOWN $ 681.00 $ 693.00 INLAND MARINE / MOBILE PROPERTY $ 3,287.00 $ 3,940.00 GENERAL LIABILITY $20,634.00 $28,135.00 ERRORS & OMISSION $ Included $ Included (PUBLIC OFFICIALS) AUTOMOBILE LIABILITY $ 5,633.00 $ 8,404.00 Basic Economic Loss Benefits (PIP) $ N/A $ 540.00 UNINSURED/UNDERINSURED $ 76.00 $ 114.00 AUTO PHYSICAL DAMAGE $ 6,291.00 $ 6,512.00 CRIME $ Included $ Included BONDS $ 531.00 $ 476.00 EXCESS LIABILITY (Without Waiver) $ 5,641.00 $ 8,171.00 PETROFUND REIMB. $ 215.00 $ 199.00 OPEN MEETING LAW - $ 540.00 $ 459.00 TOTAL $ 47,884.00 $ 62,533.00 Lake Elmo City Council Feb 17°1,2004 Agenda Section: MAINTENANCE/PARKIFIREBUILDING NO. 7A Agenda Item: Scoreboard Donation Background Information for February 17°'. 2004 At its January 17th, 2004 Parks Commission meeting, Commissioner Bruchu presented a proposal for an anonymous donation of two electronic scoreboards that would be installed at both the Lions and VFW ball fields.. The Parks Commission discussed installation costs, vandalism concerns, placement, and storage. A motion was passed to recommend acceptance of the donations with the understanding that the City would be responsible for the maintenance and installation, if the installation costs were under $1,000.00 each. The Parks Dept checked on pricing for installation, which includes trenching, materials and an electrical contractor. Not including City labor, both scoreboards can be installed for the following costs: Trencher $72.00 Electrician $156.00 Materials $50.00 TOTAL $278.00 Electrical service is available in close proximity in both cases. Acting City Administrator's Comments: While I have no specific objections to this proposal — and I sincerely appreciated the generosity of the anonymous donor, I would recommend that the donation be accepted with the understanding that there are no unmentioned "strings" involved — including any preferences for field scheduling being accorded to any particular organization as even a moral "quid pro quo" for the scoreboard donation, Action items: Motion to accept the donation form an anonymous donor of scoreboards for VFW and Lions Parks; and, authorizing City Staff to purchase such materials and services as are necessary for installation of the scoreboards. Attachments: Capitol Improvement Request Park Commission Minutes Price Quotes Persons responsible: M. Bouthilet Time Allocated: 1:}R AFT City of Lake Elmo Parks Commission Meeting Minutes of January 27, 2004 Conunissioner Schumacher called the meeting of the Parks Commission to order at 7:04 p.m. COMMISSIONERS PRESENT: Wagner, Ekern, Steele, Schumacher, Bruchu, and Bouthilet. STAFF PRESENT: Mike Bouthilet, Parks Superintendent and Kimberly Schaffel, Recording Secretary. Agenda Commissioner Steele said he would like to discuss the possibility for a workshop for processes, duties, and procedures of the Parks Commission. Commissioner Ekern would like to get an update on the CIP. M/S/P, Steele/Bouthilet, To accept the Agenda as amended. VOTE: 6:0. Chairman Schumacher introduced the newest member of the Parks Commission, Todd Bruchu, who has lived in Lake Elmo all his life. Election of Officers M/S/P, Steele/Bruchu, To nominate and elect Commissioner Schumacher as Chairman of the Parks Commission. VOTE: 5:0:1 (Abstain: Schumacher). M/S/P, Ekern/Wagner, To nominate and elect Commissioner Steele as Vice Chairman of the Parks Commission. VOTE: 5:0:1 (Abstain: Steele). Minutes M/S/P, Wagner/Bouthilet, To accept the Minutes of August 4, 2003 as presented. VOTE: 6:0. Scoreboard Commissioner Bruchu is associated with Lake Elmo Baseball Association. They have been fortunate to have anonymous donors who wish to purchase electronic scoreboards for VFW and Lions Parks. He distributed a handout with graphics of scoreboards. The proposed style of scoreboard is 5 feet high by 10 feet wide, 18 inches above have LED lights that would say, "Lake Elmo Baseball." Balls, strikes, outs, inning, and score would all be lit. The largest digits are 18 inches tall. The scoreboards would only be lit during games. If it gets hit by a ball, it is shielded and protected. They were told by the vendor that baseballs could hit it all day without hurting it. At Lions Park, the fence is 8 feet high, so the scoreboard there could stand 18 feet high. The city would pay for the electricity. Lake Elmo Baseball Association researched and the cost to the donors would be $4,000 for each scoreboard without installation or trenching. The boards have five year warranties. These LED lights last over 100,000 hours. Operation is by remote control. Storage would not be a problem during summer months as they will be in use nightly. Scoreboards come mounted with brackets and can include steel poles. They run on 120 volts and less than 10 amps. The Parks Superintendent said the issues for the Parks Commission will be the installation, trenching, powering, and maintenance. There would be replacement cost and concerns about vandalism. The City would have to develop a sign out procedure for securing the scoreboards. Parks Superintendent Bouthilet would need to know the costs of installation before bringing the proposal to the City Council. Lake Elmo Parks Commission Meeting Minutes of January 27, 2004 1 DRAFT Commissioner Wagner said the tapper trailer had its own generator last year at Huff-n-Puff and they still blew a lot of fuses at Lions. The Parks Superintendent said the signs are low amperage, trenched -in with its own power source at Lions Park. M/S/P, Ekern/Bouthilet, To gratefully accept the donation of two LED scoreboards from Lake Elmo Baseball Association with the understanding that the city is responsible for upkeep, maintenance, and installation, if the installation (and trenching) cost is less than $1,000 each and if it is more than $1,000, the Parks Commission will reconsider it at the next meeting. Brad Viessman Vandalism concerns were worries when other items were installed two years ago, but he is pleased that there is very little vandalism going on. Parks Superintendent Bouthilet will collect firm numbers for the cost of installation in order to present the issue to the City Council. VOTE: 6:0. VFW Lights Lights for VFW Park were postponed due to the possibility of reconfiguration through the Old Village Plan. Concerns were installing and then having to move the lights. The Commissioners believe that VFW Park would probably be in the same place for at least five more years. Superintendent Bouthilet reported that soil borings were done, and the engineering aspect of the job is already done. Quite a bit of money has already been spent on it. This is in the CIP. Commissioner Steele said we are in the middle of a bid for trails. If we are committing 20% of our money to this lighting project, he feels uncomfortable spending the money before we know what trails might cost. Superintendent Bouthilet said the Request for Proposal for trails is going to the City Council at their next meeting. Commissioner Ekern would like to view the proposals first. Superintendent Bouthilet would like to be able to show the Parks Commission what $120,000 would get us in trails versus lights. All future development would be synchronized for public trails to link throughout the city. Commissioner Steele said there would be safety gaps in trails. Trails will be the single largest project we have ever done. He feels no rush for lights in VFW right now with the number of unknowns we are facing. Chairman Schumacher said money is the primary issue because it is over 20% of our total reserve. Commissioner Bouthilet feels that lighting VFW Park is an essential thing for the Commission to do. Commissioner Wagner pointed out that lighting VFW Park was on the agenda in March 2003. We are dragging this out and we need to make a decision. Superintendent Bouthilet will bring more information back to the next meeting. VFW Lights will be tabled until the February meeting. Lake Elmo Parks Commission Meeting Minutes of January 27, 2004 2 DRAFT Community Facilities Update Chairman Schumacher reviewed the process the Community Facilities Committee used for reviewing sites for possible public facilities. Brookfield II would be cheaper than trying to build a new City Hall. We think it will cost about $1.1 Million. Public Works storage would be built. A link between the two buildings would be built with an ADA elevator, council chambers, and bathrooms and lockers for Public Works. Most of the first floor of the Brookfield II Building would be for city use. Tenants would continue to rent the upstairs. The existing city hall could become a library. CIP Update CIP was approved. Education News The Metropolitan Council has won another round. The city is taking the appeal to the state Supreme Court. The Chair distributed information about the Gateway Trail, CIP, and a new study about low density comintmities. Parks Workshop for Processes The next Agenda should include a workshop for Parks Commission processes, our mission, to clarify procedures, review maps, etc. Kitn will update the City Information List and post it on the web tomorrow. Adjourned at 8:15 p.m. Respectfully submitted, Kimberly Schaffel Recording Secretary Lake Elmo Parks Commission Meeting Minutes of January 27, 2004 3 1- rat, y4ea. 1)4.v; Il n"� n icuue:a grawkellta..1 Propos&d $corebo>r� LD c.a* ; 0 /1 Lake Elmo VFW Ball Park v Moochers I 1 0 ill u! dI. �II� I.d quo n. II h 111111 I, IIIIII1iI 111111 I1L111:ii II i 11.1 dllk1I 1111 loll! It n1„1,II11'1! 11111 II MINI{{YI11!M1Il1111111116L LI,Il1i.IIII!1.l:l1111ddlld,id :et;Hlu lil ..I. {. Iln dru, 41i�g1,114dIJi:d4 11,u110L4liJJ Iaiui I lu•tl 11 I LED scoreboard with wireless scoreboard communications display Page 1 of 2 Home 0 Basketball Baseball 0 Volleyball 0 Football 0 Soccer 0 Hockey 0 Videoscreens 0 Swimming LED Scoreboard Wireless Scoreboard Projection Scoreboard Scoreboard with Wireless communications.. Plug n play Scoreboards -US A pioneer in electronic video displays for over 13 years. We have outdoor installations around the world and in Central and South America LED scoreboard packages include basketball scoreboard, football scoreboard, baseball, soccer, hockey, volleyball and swimming have many standard features as well as an extended list of available options to make customization FREE. We also supply large projection scoreboards with full interactive, user design, live video capability, at a practical and affordable price. FLASH.. SITE We can design your electronic scoreboard, wireless scoreboard, matrix display or LED scoreboard using our designs or custom to your design. Scoreboards -US manufactures single color, full color matrix. You can have a single line Matrix or double line matrix message display one color at affordable prices. All wireless scoreboards come with our STANDARD RF, radio frequency wireless scoreboards hand held controller, no extra wiring to worry about. When 120 volt power is a problem, choose our battery powered wireless scoreboard controller. We use wireless scoreboards PDA controllers for ease of use and compactness. LED Digit --FULL 18 inch HT LED's 7- segment digits are machine soldered, Surface mounted, over 200 LED's per segment, over 150 degree viewing angle, three rows of LED's for a wider looking digits. Sponsor panels may be any size and can added to any side of the scoreboard. Powder Coating Finish --The finishing touches comes with our unique frame design and quality powder coat paint. Several finishes available on powder coat. Custom vinyl logos can be made from your artwork or use our expert graphic designers for that custom design. All of our Wireless LED scoreboard models are made with bright high quality surface mounted LED's, last over 100,000 hours, are inexpensive to power, and easily to be seen, even in sunlight. Extreamely wide viewing angle over 150 degree viewing. Our standard wireless system comes with hand held controller..is rugged and easy to use. NEW Projection Scoreboard just introduced Our LED system is configured so you just plug and play. Battery powered systems available at no additional cost. http://www.scoreboards-us.net/ 1/16/2004 wireless Scoreboard PDA hand held controller Page 2 of 3 No need for running extra cables anymore. Our wireless scoreboard controller system works well in either indoor sports arenas or at outdoor games. When 120 volt power is a problem, choose our battery power scoreboards and wireless controller controller. Sponsor panels may be any size and can added to any side of the scoreboards. Quality - Engineering - High Tech - Ease of use - Maintenance free wireless scoreboards ... For information or a quote, Give us a call at 727-942-4868. KETBALI, SCOREBOARDS Wireless Scoreboard Controller W900 Scoreboard. Dell and Compaq PDA manufacturers controller for baseball, football, basketball, hockey, soccer, volleyball Color Display Hand Held wireless Scoreboards Controller available with; Clock, Home Score, Guest Score, horn, Quarter, period, bonus scoreboard displays period time to 59:59 PDA Dimensions: 7" high x 3" wide x 1" deep. Scoreboard Aluminum Tubing structure 1"x 3" Powder Coated finish Approximate weight Is 1 Ib. Battery Life: 4 hrs. With PDA stylist click on desired score digit and the response is sent to Ih escoreboard. score is incremented by one poin Rom blows Inning, balls, strikes, change. LED brightness chnages different levels ADDED feature You can use PDA computer module to keep track of game and player information For scoreboard with clocks there is a simple setup menu to follow. Game time has start and stop button. The conholler is trade to look like the scoreboard. EXAMPLES Wireless Scoreboard controller and Full 18 inch LED digit Scoarboard Buzzer http://www.scoreboards-us.net/wireless_controller.htm 1/16/2004 go j January 2004 Permits Issued New Residential 0 New Commercial 0 Other Residential 10 Other Commercial 5 Total 15 Total Building Fees Collected Summary Building Report Valuation $0.00 New Residential $0.00 ;New Commercial $143,000.00 Other Residential $187,783.00 l Other Commercial $330,783.00 Total $6,009.23 rear to uate , Permits Issued Valuation 0 $0.00 o $0.00 10 $143,000.00 5 $187,783.00 15 $330,783.00 Total Building Fees Collected I $6,009.23 Summary Plumbing Report Summary Plumbing Report Plumbing 11 $53,300.00 Plumbing 11 $53,300.00 Total Plumbing Fees Collected I $809.75 Total Plumbing Fees Collected I $809.75 Summary HVAC Report Summary HVAC Report HVAC 14 $41,845.00 IHVAC 14 $41,845.00 Total HVAC Fees Collected ' $961.25 Total HVAC Fees Collected I $961.25 Summary Grand Total Fees $7,780.23 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 $176.89 $0.00 $0.00 $0.00 $7,603.34 $7,603.34 $0.00 $0.00 Summary Grand Total Fees $7,780.23 Surcharge Fee Paid to State SAC Fees Paid to Met Council WAC Fees Paid to Oakdale Misc. Expenses Total Fees Retained redit Fees to Bldg redit Fees to Water redit Fees to Sewer $176.89 $0.00 $0.00 $0.00 $7,957.12 $7,603.34 $0.00 $0.00 City of Lake Elmo Building Department Building Permit Detail Summary January 01, 2004 Through January 31, 2004 Class Of Work: Remodel Permit # 3929 Remodel Totals for Class Of Work: Remodel Totals for Occupancy: Occupancy B Class Of Work: Remodel Description of Work Number of Perrmits = 1 Number of Permits =1 Permit # Description of Work 3927 Remodel 3926 Remodel 3915 interior buildout 3912 Remodel Totals for Class Of Work: Remodel Number of Perrmits = 4 Totals for Occupancy: B Occupancy R-3 Tuesday, February 10, 2004 Number of Permits = 4 Valuation Date Issued Use of Building 1/27/2004 Office Building 18,000 Sum of Valuation = 18,000 Sum of Valuation = 18,000 Valuation Date Issued Use of Building 1/22/2004 Office Building 15,000 1/21/2004 Office Building . 14,783 1/9/2004 Office Building 40,000 1/8/2004 Commercial 100,000 Sum of Valuation = 169,783 Sum of Valuation = 169,783 Page 1 of 2 Class Of Work: Add Permit # Description of Work Date Issued Use of Building Valuation 3921 Basement finish 1/15/2004 Single Family Dwelling 6,000 Totals for Gass Of Work: Add Number of Perrmits =1 Sum of Valuation = 6,000 Class Of Work: Remodel Permit # Description of Work Date Issued Use of Building Valuation 3930 Basement finish (includes plmg&htg) 1/28/2004 Single Family Dwelling 24,000 3920 Basement finish 1/15/2004 Single Family Dwelling 30,000 3918 Basement finish 1/13/2004 Single Family Dwelling 10,000 3917 Basement finish 1/12/2004 Single Family Dwelling 10,000 3914 Remodel 1/9/2004 Single Family Dwelling 40,000 3911 Basement finish (includes plmg&htg) 1/6/2004 Single Family Dwelling 20,000 Totals for Class Of Work: Remodel Number of Permits = 6 Sum of Valuation = 134,000 Class Of Work: Demolition Permit # Description of Work Date Issued Use of Building Valuation 3924 demolition 1/20/2004 Single Family Dwelling 1,000 3923 demolition 1/20/2004 Single Family Dwelling 1,000 3922 demolition 1/20/2004 Single Family Dwelling 1,000 Totals for Class Of Work: Demolition Number of Perrmits = 3 Sum of Valuation = 3,000 Totals for Occupancy: R-3 Number of Permits = 10 Sum of Valuation = 143,000 Grand Total for All Permits Issued: Number of Permits 15 Total Valuation = 330,783 Tuesday, February 10, 2004 Page 2 of 2 City of Lake Elmo Building Department Plumbing Permit Detail Summary January 01, 2004 Through January 31, 2004 Permit # Description of Work Date Issued Valuation 3907 commercial plumbing alter 1/5/2004 13,300 3910 commercial plumbing alter 1/6/2004 10,300 3911 alter resd plmg 1/6/2004 4,000 3912 commercial plumbing alter 1/8/2004 0 3913 water heater install 1/8/2004 200 3914 alter resd plmg 1/9/2004 6,000 3917 alter resd plmg 1/12/2004 4,000 3918 alter resd plmg 1/13/2004 5,000 3920 alter resd plmg 1/15/2004 5,000 3929 commercial plumbing alter 1/27/2004 2,500 3930 alter resd plmg 1/28/2004 3,000 Number of Permits 11 Total Valuation = 53,300 Tuesday, February 10, 2004 Page 1 of 1 City of Lake Elmo Building Department HVAC Permit Detail Summary January 01, 2004 Through January 31, 2004 Permit # Description of Work Date Issued Valuation 3907 alter commercial 1/5/2004 12,700 3908 alter resd hvac 1/5/2004 5,145 3909 alter resd hvac 1/6/2004 2,500 3911 alter resd hvac 1/6/2004 1,000 3912 alter commercial 1/8/2004 0 3914 alter resd hvac 1/9/2004 2,500 3916 alter resd hvac 1/12/2004 3,800 3917 alter resd hvac 1/12/2004 1,000 3918 alter resd hvac 1/13/2004 1,500 3920 alter resd hvac 1/15/2004 2,000 3925 alter resd hvac 1/21/2004 3,700 3927 alter commercial 1/22/2004 4,000 3928 Install Heating Unit in garage 1/26/2004 2,000 3930 n/a 1/28/2004 0 Number of Permits 14 Total Valuation = 41,845 Tuesday, February 10, 2004 Page 1 of 1 City of Lake Elmo Building Department Building Permit Fees January 01, 2004 Through January 31, 2004 Date Permit # Permit Fee Surcharge Plan RevieaOther InvestigationSAC Fee Sewer Fee WAC Fee Meter Sales Tax 1/6/2004 3911 $321.25 $10.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/8/2004 3912 $993.75 $50.00 $645.94 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/9/2004 3914 $543.25 $20.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/9/2004 3915 $543.25 $20.00 $352.79 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/12/2004 3917 $181.25 $5.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/13/2004 3918 $181.25 $5.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/15/2004 3920 $442.25 $15.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/15/2004 3921 $125.25 $3.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/20/2004 3922 $50.00 $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/20/2004 3923 $50.00 $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/20/2004 3924 $50.00 $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/21/2004 3926 $251.25 $7.39 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/22/2004 3927 $251.25 $7.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/27/2004 3929 $293.25 $9.00 $190.61 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1/28/2004 3930 $377.25 $12.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Totals; $4,654.50 $165.39 $1,1 89.34 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Grand Total of Building Related Fees Collected: $6,009,23 rata Tuesday, February 10, 2004 Page 1 of 1 City of Lake Elmo Building Department Plumbing Permit Fees January 01, 2004 Through January 31, 2004 Date Permit # Permit Fee Surcharge 1/5/2004 3907 $154.75 $0.50 1/6/2004 3910 $150.00 $0.50 1/6/2004 3911 $50.00 $0.50 1/8/2004 3912 $150.00 $0.50 1/8/2004 3913 $50.00 $0.50 1/9/2004 3914 $50.00 $0.50 1/12/2004 3917 $50.00 $0.50 1/13/2004 3918 $50.00 $0.50 1/15/2004 3920 $50.00 $0.50 1/27/2004 3929 $0.00 $0.00 1/28/2004 3930 $50.00 $0.50 Totals: $804.75 - - - - - $5.00 411 Grand Total of Plumbing Fees Collected: $809.75 City of Lake Elmo Building Department HVAC Permit Fees January 01, 2004 Through January 31, 2004 Date Permit # Permit Fee Surcharge 1/5/2004 3907 $154.75 $0.50 1/5/2004 3908 $50.00 $0.50 1/6/2004 3909 $50.00 $0.50 1/6/2004 3911 $50.00 $0.50 1/8/2004 3912 $150.00 $0.50 1/9/2004 3914 $50.00 $0.50 1/12/2004 3916 $50.00 $0.50 1/12/2004 3917 $50.00 $0.50 1/13/2004 3918 $50.00 $0.50 1/15/2004 3920 $50.00 $0.50 1/21/2004 3925 $50.00 $0.50 1/22/2004 3927 $150.00 $0.50 1/26/2004 3928 $50.00 $0.50 1/28/2004 3930 $0.00 $0.00 ---. Totals: „.,......m. �, ,N , . _ $954.75 $6.50 Grand Total of HVAC Fees Collected: $961.25 Lake Elmo City Council February 17, 2004 Agenda Section: CITY ENGINEER'S REPORT No. 8A. Agenda Item: 2004 Overlay Project Backaround Information for February 17. 2004: The City Engineer provided the Feasibility Report for the 2004 Overlay Project: 49th Street N., Jane Circle N., Jasper Avenue N., and Jerome Avenue N. If the City Council accepts the overlay improvements in accordance with the report and the assessments of abutting property, a public hearing will be held on March 1, 2004. Action Item: Adopt Resolution No. 2004-115, A Resolution Receiving the Feasibility Report and Calling Hearing on the 2004 Overlay Project Attachments: 1. Feasibility Report on 2004 Overlay Project 2. Resolution No. 2004-115 Receiving the Feasibility Report and Calling a Hearing on the 2004 Overlay Project Person responsible: T.Prew CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004- 115 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND CALLING HEARING ON THE 2004 OVERLAY PROJECT WHEREAS, a feasibility report has been prepared by TKDA with reference to the overlay of 49th Street North, Jane Circle North, Jasner Avenue North, and Jerome Avenue North, and this report was received by the City Council on February 17, 2004. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA: 1. The Lake Elmo City Council will consider the overlay improvements of 49th Street North, Jane Circle North, Jasper Avenue North, Jerome Avenue North in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated cost of the improvement of $76,748.00 2. A Public Hearing has been ordered on said overlay improvement on theist day of March, 2004 at Lake Elmo City Hall, 7:00 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. ADOPTED by the Lake Elmo City Council this 17th day of February, 2004. Lee Hunt, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator Leine & Sarah Larson 9191 49th Street N. Lake Elmo, MN 55042 10-029-21-22-0022 Michael & Perpetu McDonald 6870 35th Street N. Oakdale, MN 55128 10-029-21-21-0012 Steven & Paula Wood 9389 Jane Circle N. Lake Elmo, MN 550042 10-029-21-21-0014 Christopher & Monique Kolb 9387 Jane Circle N. Lake Elmo, MN 55042 10-029-21-21-0013 Joseph & Sylvia Baumann 9383 Jane Circle N. Lake Elmo, MN 55042 10-029-21-21-0011 James Merit & Rudeen Darst 9393 Jane Circle N. Lake Elmo, MN 55042 10-029-21-21-0015 Bruce & Sandy Callen 9379 Jane Circle N. Lake Elmo, MN 55042 10-029-21-21-0009 Dennis & Carol Larson 9381 Jane Circle N. Lake Elmo, MN 55042 10-029-21-21-0010 Tin & Jennifer Tran 9395 Jane Circle N. Lake Elmo, MN 55042 10-029-21-21-0016 Greg & Karen Schulz 9160 Jane Road N. Lake Elmo, MN 55042 10-029-21-22-0013 Edwin & Jacqueline Raney 4989 Jasper Avenue N. Lake Elmo, MN 55042 03-029-21-33-0018 David & Mary Johnson 4980 Jasper Avenue N. Lake Elmo, MN 55042 10-029-21-22-0021 Helmut & Joan Porcher 4990 Jasper Avenue N. Lake Elmo, MN 55042 03-029-21-33-0017 Richard Cannon & Ann Hawkins 4850 Jasper Avenue N. Lake Elmo, MN 55042 10-029-21-22-0018 Thomas & Nancy Johnson Jr. 4960 Jaspe Avenue N. Lake Elmo, MN 55042 10-029-21-22-0020 Chester & Mary Pat Moutrie 4855 Jerome Avenue N. Lake Elmo, MN 55042 10-029-21-21-0021 Dennis & Barbara E. Markie 4865 Jerome Avenue N. Lake Elmo, MN 55042 10-029-21-21-0022 Friedrich & Iwona T. Srienc 4955 Jerome Avenue N. Lake Elmo, MN 55042 10-029-21-21-0023 James & Christine M. Trevis 4850 Jerome Avenue N. Lake Elmo, MN 55042 10-029-21-21-0020 Joseph Hart Dardis 4880 Jerome Avenue N. Lake Elmo, MN 55042 10-029-21-22-0023 Michael & Elizabeth Zeno 4860 Jerome Avenue N. Lake Elmo, MN 55042 10-029-21-21-0019 Brook & Barbara —Duerr 4870 Jerome Avenue N. Lake Elmo, MN 55042 10-029-21-21-0018 FEASIBILITY REPORT 2004 OVERLAY PROJECT 49TH STREET JANE CIRCLE NORTH JASPER AVENUE JEROME AVENUE Aro LJII.I I IAi 1111.111 Lai Jlle n llhl !Ili>' CITY OF LAKE Elmo �01daI!VpVll „dlll[lot a lei .did;al,b 'no CITY OF LAKE ELMO, MINNESOTA 1 � TKDA ENGINEERS • ARCHITECTS - PLANNERS t Date: February 17, 2004 Comm. No. 12996-01 1500 Piper AffrayPlat 444 Cedar Street Saint Paul, MN 55101.2140 (851) 292-4400 (851) 292-0083 Fax www.tkda.com TKDA I_ ENGINEERS -ARCHITECTSr PLANNERS FEASIBILITY REPORT 2004 OVERLAYS 49TH STREET JANE CIRCLE JASPER AVENUE JEROME AVENUE SAINT PAUL, MINNESOTA CITY OF LAKE ELMO, MINNESOTA TKDA COMMISSION NO. 12996-01 FEBRUARY 17, 2004 I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Thomas D. Prew, P.E. License No. 19621 1 12996-01 2004 OVERLAYS 49TH STREET JANE CIRCLE JASPER AVENUE JEROME AVENUE CITY OF LAKE ELMO, MINNESOTA I. INTRODUCTION In an effort to keep its streets in good repair, the City of Lake Elmo routinely performs bituminous overlays to its streets. The City has developed a 5-year Capital Improvements Plan to schedule and budget for these repairs. The plan was developed by the Public Works Department in conjunction with the Finance Department and Public Works. The City Council has adopted the 5-year plan. Bituminous overlays are done to strengthen streets and fill minor cracks. In Lake Elmo it is generally done after the street is 15- to 20-years old. These streets were built with a cross- section that consisted of 6-inches of gravel base and 2-inches of asphalt, which was the standard at the time these streets were built. A location map is in the Appendix. 11. INITIATION The City Council initiated this project. A 4/5th's vote of the City Council is necessary to order this project. III. IMPROVEMENT Prior to performing the overlay the streets are reviewed for any patching that may be necessary. Also, all the catch basins are inspected, repaired, and adjusted to the new finished grade. It is proposed to overlay these streets with 2-1/2 inches of bituminous wearing course mixture. This same improvement program has been successfully completed throughout the City for many years. This will generally extend the life of the street an additional 15 to 20 years. 1 12996-01 j 3 In 1995, the two properties at the intersection of Jane Road North and Jasper Avenue North were given a 1/2 unit assessment in for an overlay project on Jane Road. With this project we are proposing again to assess them 1/2 unit again. VIII. RIGHT-OF-WAY No additional right-of-way is required. IX. PROJECT SCHEDULE The proposed project schedule is as follows: 1. Feasibility Report Received by City Council February 17, 2004 2. Public Hearing March 2, 2004 3. City Council Authorizes preparation of Plans and March 2, 2004 Specifications 4. City Council Approves Plans, Authorizes March 16, 2004 Advertisement for Bids 5. Open Bids • April 14, 2004 6. City Council Awards Bid April 20, 2004 7. Contractor Begins Construction May 2004 8. Contractors Completes Construction June 2004 9. Assessment Hearing September 2004 X. STATEMENT OF FEASIBILITY The construction of the street improvements considered in this report is feasible from an engineering standpoint. The economic feasibility is to be determined by the City Council. XI. RECOMMENDATION We recommend the City proceed with the improvements as proposed. 3 12996-01 I 2004 Overlays City of Lake Elmo, Minnesota TKDA Commission No. 12996-01 ITEM NO. STATEMENT OF ESTIMATED QUANTITIES ITEM 1 MOBILIZATION 2 REPAIR CATCH BASIN 3 TYPE LV AGG. 3 BASE COURSE FOR PATCHING 4 TYPE LV AGG. 4 WEARING COURSE 5 BITUMINOUS MATERIAL FOR TACK COAT UNIT LS EA SY TN GAL 2/10/2004 QUANTITY UNIT AMOUNT SPEC PRICE NO. 1 $ 4,000.00 8 $ 400.00 100 $ 25.00 1,565 $ 32.00 600 $ 1.50 $ 4,000.00 $ 3,200.00 $ 2,500.00 $ 50,080.00 $ 900.00 ESTIMATED CONSTRUCTION COST $ 60,680.00 2021.501 2104.523 2350.501 2350.501 2357.502 1 BF LARE ELMO 1IJ.If2B2;t2ji0 Lake Elmo 2004 Overlays -Feasibility Report Location Map Legend lama© ,� ul Assessment Boundary eofflow For Further tniormatlon Contact City of Latta Elmo at (851) 777-5510 Create by: TKDA Map Date: February 9, 2004 Limitation Liability nxa W[Ilmam x not aeipiIv mwd n mnn or uwvounvmllnbnobhaud moat.map'.W Thla mia n npiollon mn of mlrls M Mnmolbn LnmauAo� wunlV.mM dly Mau.. and Mbar .,4U aWrma. 4 Lake Elmo City Council February 17, 2004 Agenda Section: Planning, Land Use & Zoning No. 9A Agenda Item: RR Cluster and Minor Subdivision — Merle and Fonda Olson Background Information for February 17. 2004: At its meeting February 9, 2004 the Planning Commission adopted a recommendation (5-1, Chairman Helwig opposed) for approval of these multiple applications to divide a Nominal 40 acre parcel into parcels of 5.46 acres, and 33.6 acres (both net of ROW). Because the smaller resultant parcel would be less than the RR district 10 acre minimum, the applicant has proposed the division responsive to the RR Clustering provisions of the Zoning Ordinance. Since less than 4 parcels would be created, and public roadway frontage is available to both resulting parcels, the actual land division is being processed as a Minor Subdivision in accordance with Chapter 400 of the City Code. The approval recommendation is subject to the applicant's payment of a $1,500 park dedication fee for the single new parcel being created. Chairman Helwig's opposition to the approval recommendation was based on his recollection of a prior issue regarding the large pole shed on this site. Staff had not addressed any such issue in its Staff Report, since we could find no evidence of actions involving the pole shed except the 1966 building permit allowing its construction. We have determined since the Commission meeting that Chairman Helwig's recollection actually involves an accessory building variance application that was heard by the Commission in 1997. While the same applicants were involved (to some degree), that matter related to another farmstead site and parcel in the same family located well east of the subject site — and not to the subject site in any manner, except family names. Action items: Motion to adopt Resolution #2004 - , approving an RR Cluster Development and Minor Subdivision at 9524 Stillwater Blvd. for Merle and Fonda Olson based on the land survey Staff dated February 4, 2004 and the Findings and Conditions of the approval Resolution. Attachments: 1. Draft Resolution #2004 — Approving RR Cluster and Minor Subdivision 2. Draft Planning Commission Minutes of February 9, 2204 3. Planning Staff Report Person re • onsible: C Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-116 A RESOLUTION GRANTING A RURAL RESIDENTIAL (RR) CLUSTER DEVELOPMENT/MINOR SUBDIVISION TO MERLE G AND FONDA R. OLSON WHEREAS, Merle G. and Fonda R. Olson have made application to the City of Lake Elmo for a Rural Residential (RR) Cluster Development and Minor Subdivision of a nominal 40 acre parcel located at 9524 Stillwater Boulevard, pursuant to Section 400.07 of the Lake Elmo Municipal Code from the following parcel of land; to wit: ORIGINAL PARCEL: (Trustee's Deed — Document No. 3133696) That part of the West 1385.00 feet of the Southeast Quarter Section 15, Township 29 North, Range 21 West, Washington County, Minnesota lying northerly of the north line of the Chicago Northwestern Railroad, formerly known as the St. Paul, Stillwater and Taylors Falls Railroad. WHEREAS, the Lake Elmo Planning Commission considered this RR Cluster Development and Minor Subdivision request at its February 9, 2004 meeting, and recommended that the Minor Subdivision be granted based on the following findings: 1. The application for RR District clustering complies with the standards for such application and the applicable standards of the RR Zoning District. 2. The application for Minor Subdivision complies with the standards of Chapter 400 of the City Code (Subdivision) only upon the concurrent approval of the RR cluster application. NOW, THEREFORE, BE IT RESOLVED that a RR Cluster Development and Minor Subdivision of the parcel at 9524 Stillwater Boulevard, as depicted by the survey staff dated February 4, 2004, is hereby granted by the City Council to Merle G. and Fonda R. Olson resulting in the two parcels described; and subject to the following condition: 1. That the applicant remit the $1,500 Park Dedication fee for the creation of a new buildable parcel is payable before release of the deed for recording. And PARCEL 1: The north 725.00 feet of the west 445.00 feet of the Southeast Quarter of Section 15, Township 29 North, Range 21 West, Washington County, Minnesota; and that part of the east 940.00 feet of the west 1385.00 feet of said Southeast Quarter which lies northerly of the north line of the Chicago Northwestern Railroad, formerly known as the St. Paul, Stillwater and Taylors Falls Railroad. Subject to Trunk Highway 5 along the most southerly line thereof as evidenced by the document recorded in Book 246 of Deeds, page 592, on file and of record in the Office of the County Recorder, Washington County, Minnesota Also, subject to an easement in favor of Northern States Power Company as described in Book 170 of Deeds, page 14, on file and of record is said Office of the County Recorder. PARCEL 2: That part of the west 445.00 feet of the Southeast Quarter of Section 15, Township 29 North, Range 21 West, Washington County, Minnesota which lies southerly of the north 725.00 feet thereof and which lies northerly of the north line of the Chicago Northwestern Railroad, formerly known as the St. Paul, Stillwater and Taylors Falls Railroad. Subject to Trunk Highway 5 along the most southerly line thereof as evidenced by the document recorded in Book 246 of Deeds, page 592, on file and of record in the Office of the County Recorder, Washington County, Minnesota. Also, subject to an easement in favor of Northern States Power Company as described in Boolc 170 of Deeds, page 14, on file and of record is said Office of the County Recorder. ADOPTED, by the Lake Elmo City Council this 17th day of February, 2004. Lee Hunt, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator DRAFT City of Lake Elmo Planning Commission Meeting Minutes of February 9, 2004 Chairman Helwig called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Johnson, Deziel, Meldahl, Sedro, Van Pelt. STAFF PRESENT: Charles Dillerud, City Planner and Kimberly Schaffel, Recording Secretary. Pledge of Allegiance Agenda M/S/P, Deziel/Johnson, to accept the Agenda as presented. VOTE: 6:0. Minutes M/S/P, Sedro/Deziel, to accept the Minutes of January 26, 2004 as presented. VOTE: 4:0:2 (Abstain: Johnson, Meldahl). Minor Subdivision — Olson — 9524 Stillwater Boulevard The City Planner reviewed the plans for an RR Cluster Development/Minor Subdivision Application. The Planner reported as follows: 1. The site is south of Sunfish Park, west of Sunfish Lake. 2. The parcel is part of a farm that was a nominal forty including road right-of-way. 3. The proposal is to divide the parcel to create a 7 acre parcel, 5+ net of right-of-way. 4. The remaining parcel would be eligible to be divided into three residential lots. 5. The buildings that exist are all being placed on the new small parcel, and those buildings meet setback standards. The number and area of accessory structures in the RR Zoning District do not appear to need a variance. Findings and Recommendations: 1. The application for RR District clustering complies with the standards for such application and the applicable standards of the RR Zoning District. 2. The application for Minor Subdivision complies with the standards of Chapter 400 of the Municipal Code (Subdivision) only upon the concurrent approval of the RR Cluster application. Staff recommended approval subject to payment of a $1,500 Park Dedication Fee, payable before release of the deed for recording. Commissioner Deziel asked if this subdivision will now prevent the parent parcel from becoming an OP Development because the Code requires a forty -acre minimum to create an OP development. Chairman Helwig asked about the size and number of accessory buildings and whether they are allowable under the Code. The Planner said the accessory structures all go with the residence on the newly created parcel. Merle Olson said his land was originally owned by Lehart Friedrich. Their intent was to keep the original Century Farm. Commissioner Deziel asked the applicant about the sacrifice of being unable to develop into an OP Development in the future. The applicant stated that he was unaware that would be the case. Mr. Olson asked if the neighboring parcel were combined with his parent parcel, could The Olsons then develop an OP Development. The Planner explained that a minimum of forty acres are needed for an OP Development. M/S/P, Johnson/Van Pelt, To recommend approval by the City Council of the applications of Merle and Fonda Olson for an RR cluster development and Minor Subdivision of the parcel at 9524 Stillwater Boulevard, as depicted by the survey that staff dated February 4, 2004, and based on the Findings, and subject to the condition specified in the Planning Staff Report of February 4, 2004. VOTE: 5:1 (Helwig — Council should review the accessory building history). Lake Elmo Planning Commission Meeting Minutes of February 9, 2004 1 LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: February 4, 2004 for the Meeting of February 9, 2004 Applicant: Merle & Fonda Olson Location: 9524 Stillwater Blvd. Requested Action: RR Cluster and Minor Property Division Land Use Plan Guiding: RAD Existing Zoning: RR Site History and Existing Conditions: City records reveal no P&Z applications or action regarding this Nominal 40 acre parcel. All records of prior City activity relate to improvements to the home and construction of farm accessory buildings. The site is slightly rolling land under active cultivation and pasture. The City's Sunfish Park abuts the entire north line of this Nominal 40. The farmstead portion of the site (southwest corner) is made of up the home, 7 accessory structures of varying size and 3 silos. Discussion and Analysis: As we have discussed in prior Staff Reports on applications for "Cluster Development" responsive to historic (as compared to more current OP clustering provisions found elsewhere in the Zoning Ordinance) AG and RR regulations, we remain unclear as to what the exact intent of these early cluster provisions is (was). The "Intent" paragraph of the RR (and AG) section appears to parallel that of the newer OP cluster provisions, but the outcomes do not appear to be as dramatic as those of contemporary clustering. We have suggested in the past that many zoning ordinances in communities (and counties) do contain procedures that will permit other wise non -conforming parcels (usually not more than one) to be divided from the larger conforming parcel to accommodate residency of extended families to assist with the farming operation. That is not the case here, nor has that been the case in the handful of RR or AG cluster divisions processed by the City in recent years. In this case, the parent tract of land meets the minimum area standard for clustering in the RR zone (21 acres or more).; and the single proposed new lot meet the minimum (5 acres) and maximum (7 acres) area "window for an RR cluster parcel. It would appear that the site would be eligible for 2 additional parcels in the 5 to 7 acre area range at some point in the future to complete the maximum 4 units in 40 maximum density allowance for RR clustering. It will be important for City Staff to maintain complete records regarding this action in order to properly address in future such divisions. As the parent site appears today, the number and sum floor area of accessory buildings exceeds the RR standards (one detached accessory building of no more than 3,000 square feet), and is legal non -conforming in that regard. By this application, all of those accessory structures would be on the resulting 5.47 acre parcel, and remain non -conforming — but more so, since the parcel on which they are located is now classified differently by the accessory structure standards. Does this require a variance, or removal of accessory buildings? We are here suggesting that neither action is necessary. During several meetings with the applicants and their representatives prior to the application being filed the issue of parcel configuration and dimensions has been discussed in detail. We have advised the applicants that all accessory structures must remain on the same tax parcel as the home; and, that all RR structure setbacks must be maintained from any new parcel lines that are created by the division. The application graphics do reflect both standards being met. All building are on the 5.46 acre parcel and all RR building setbacks are maintained to the new property lines (10 foot side yard; and 40 foot rear yard). The Minor Subdivision meets the standards of Chapter 400 of the City Code based on the concurrent approval of an RR cluster application. Prior to the City endorsing the division survey as approved, the applicant will be required to remit the $1,500 Park Dedication fee payable for the creation a new buildable parcel. Findings and Recommendations: Staff recommends the following Findings be made regarding these applications: 1. The application for RR District clustering complies with the standards for such application and the applicable standards of the RR Zoning District. 2. The application for Minor Subdivision complies with the standards of Chapter 400 of the City Code (Subdivision) only upon the concurrent approval of the RR cluster application. Staff recommends approval of the RR cluster application and Minor Subdivision application subject to the condition that a $1,500 Park Dedication Fee be paid the City, based on the creation of one new buildable parcel, prior to release of the endorsed division survey by the City. Planning Commission Actions Requested: Motion to approve the applications of Merle and Fonda Olson for an RR cluster development and Minor Subdivision of the parcel at 9524 Stillwater Blvd. as depicted by the survey staff dated February 4, 2004; and, based on the Findings and subject to the condition specified by the Planning Staff rtt of ebtuy 4, 2004. Charles E. Dillerud, City Planner Attachments: 1. Location Map 2. Applicant's Survey 1,11 !."Ar itt"4�.. jiiii1f�gy1 r� w ift --tamMa Ill i/lX�1i1�i Sunfish Park Stillwate Blvd. I Location Map 1 I I[ thm rf Vicinity Map 0 2400 Scale In Feet mLittrompaithit elinernerdsietroy .uWTobon�o. wsmiglm'wm.,wmwnM. IMPOOISHNINalteleten .®v .m.,w=W.r�..+ wg 2'W'“"gown. S58'55'44"W 445.00 CERTIFICAT' ` qsz Part of the SE1/4 Section 15, Township City of Lake Eiono, Washington --NR9°55'44 E 1383.00— so. 130.20 North Una of the R 1/4 o1 Seiko m, 129n-11218 55042 8880 Cellular TOTAL PARCE408 (PARCEL A) 44.01 Actoa 39.22 Ades* Bxolnding NW 14c29 rthe se; shee PARCEL 1 37.04 Acrest 33.76 Acrest Excluding RlW /edr ,rem 0 PARCEL2 'q g g 6.98Aorest Ia it $ 5.45Acresk Exclwiillg RAY 1 - ya,arore r Lll^—.1-�.--�g—.0 x.neenr un Siw 41°28-- — gib8 ^ o as'cea - a S.w+Aw v eai'E — —' " 1 ' sIL41ALw NORTH STILLWATER_ BO_ULEVAItD T fi 1 STAth TRUNK UGHWA e�;uNO. asa;, p J sarox'es w 1386az Y�ig _ J _-.. _ wlnmv un. o �nr.as eomvwr'' - �hicago North�etarn! — "1141..caLraTuitain rd -n/ip0',o 0 „ie°0X _s21w I a/z6/zcoa v, ! Du RaeiNo, 1064' U] 0110urnw . MB Form No. 38-M — TRU /S DEW Mhmerott ndfon Commaodna Blurb (Rev. 6-119) ) mulct -Dear Co.. 3133696 Pad, MN By Individual to lobe Tenant No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed (✓) not required Certificate pc Real .LbEstateValue No, Ahru +4J /1 La0 (Yen) VIRGINIA R. ERDAHDITOR•TREASUReR County Auditor n DEED TAX DUB HEREON: a 1 C �+ Date: K4prwxhge- {7. 93°VY1 r Deputy FOR VALUABLE CONSIDERATION, I(alhirr. P h,n,le 11 OOse th Cou ty Record° Worthington County, MN Mined Me andlor rood id am 2000112113 1:35:00 PM 3133696 DMr elaamn.r ..ODfN A ff�� ebtati as Trustee(s) of the Frances H Friedrich Revocable Trost dated 'hdav R 1996 (Mena of Thug Grantor(s), hereby conveys) to Merle& Olson and Fonda R Olson, husband and wife Grantee as Joint Tenants, real property In See Exhibit A attached hereto Waehingtnn County, Minnesota, described as follows: The total consideration for this transfer of real estate is leas than $500.00 (a mereewe a aeMed, mama on Met) toeether with all hereditaments and aoourtenances belonging thereto. WASHINGTON COUNTY � �"w 7RUSTBE(S) Reeeid Ni.: 1380S1 1201/00 �fC(.�iLC.F.BoLY. c�y�iU�2L� Deed lax beaten et $1.65 Paid gaWleen E. lurek M�N. Conservation FundM.S 473H OH Paid YY¢nia tErdaal , Audtor-Tnesnr by °Melarmn STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing was acknowledged before me on ticrJovxxkPr f7 7r1f1A by Kelton, A Tnrol. as Trustee(s) of the Frances H Friedrirh Revocable Trust dated May R 1996 DOTAWLSMHP oanM.(oaorusnrllemcumoi iwwwwwwwwwwww~ov, QHAA./Ir£8RTHODlt socamionsmomasmws wnwasusuesmwou t mnmVa.ma WAS WAFTED W Wait ANC Allman. Charles R, Barthaldi Jensen, Bell, Converse & 13ricksoa, P.A. ISDO Minnesota World Trade Center 30 East Seventh Street St. Paul, MN 55101 651-223-4999 506X (Da) Grantor(s).. (lg.me o1r T_m-u) ` o SIGNATURE R OF &ctR t L Tax Sta amen for the real property described in fhb Imuumne rhmM be iemm (Inchxle male end addren ofaramee): Mr. and Mrs, Merle G. Olson 10472 North Stillwater Lane Lake Elmo, MN 55042 RECEIVED JAN 21 2004 EXHIBIT A That part of the West 1385,00 feet of the Southeast Quarter Section 15, Township 29 North, Range 21 West, Washington County, Minnesota lying northerly of the north line of the Chicago Northwestern Railroad, formerly known as the St. Paul, Stillwater and Taylors Falls Railroad, EGEIF.R}"D IN TRANSFER RECORD WASHiNGTUN COUNTY, MINNESOTA 'OIiilA R. ERDAFIL, AUMTOA,TREASURER �l DEPUTY a2'47' got .o on / /1% G,&', /[, ono / Lake Elmo City Council February 17, 2004 Agenda Section: Planning, Land Use & Zoning No. 9B Agenda Item: Fence Regulation — Permitting Process Background Information for February 17. 2004: As previously directed by the City Council, the Planning Commission has been addressing present City fence regulations, and considering several modifications to the fencing standards found in those regulations. One aspect of these issues that the Commission has unanimously agreed on is the need for the City to begin requiring fence plans be submitted and reviewed by the City for compliance with whatever standards are finally adopted; and, that fence installations be inspected upon completion to be certain that the fences are constructed in accordance with approved plans, To that end the Commission has recommended City Council adoption of an amendment to Chapter 1360 that provides for a fence permitting process. The ordinance is structured to allow the details of the process and fees charged to be developed and altered from time -to -time. In this manner, the decisions of the Council As to whether it desires to permit fences at all can be made prior to investing the time and effort to create the process. That also would allow the Council to adjust the process and fees without having to further amend the ordinance. The Commission is continuing its work on the fence standards. At the February 9 Commission meeting several motions of direction were adopted regarding modifications of a fence ordinance draft that has been proposed by the City's consultant on the new overall zoning ordinance. The Commission will be seeing this draft with those modifications on February 23. Adoption of the permitting process by the Council could await the Commission recommendations as to fence standards. That, however, could carry the City into the construction season without a fence permitting process in place. Action items: Motion to adopt Ordinance #97- , amending Chapter 1360 of the City to authorize the regulation and permitting of fence installations, Attachments: 1. Draft Ordinance #97 — 2. Draft Planning Commission Minutes of February 9, 2004 Person r nonsible: Cit PI e� Time Allocated: CITY OF LAKE ELMO ORDINANCE NO. 97-125 AN ORDINANCE RELATING TO FENCES The Lake Elmo City Council Ordains That Section 1360.05 and Section 1360.06 are added to the Municipal Code to read as follows: Section 1360.05 Fence Permits Required: Except as noted herein, installation of all fences require fence a permit issue by the City of Lake Elmo Said permit shall be applied for on such forms, include such documentation, and include such fees to the City for processing as may be prescribed from time -to -time by the City Council. Subd. 1: Fences exempt from requiring an installation permit are limited to the following: 1. Fences of any type installed for the sole purpose of the keeping of Domestic Farm Animals, as defined by Section 150 of the City Code, and regulated by Section 300.13, Subdivision 15E of the City Code. 2. Fences of any type installed by Municipal, County or State governments for facility security or the delineation and/or protection of Public Right -of -Ways. 3. Invisible fencing. Failure to obtain a City Fence Permit prior to the installation of any fence subject to the regulation shall result in an automatic double permit fee, in addition to any corrective measures to bring said fence into compliance with the standards for fences prescribed by the Lake Elmo Zoning Ordinance. Section 1360.06 Fences as Non-conforming/Hazardous Structures: Fences shall be considered to be structures for the purposes of applying the terms of the Non -conforming structure provisions of the Zoning Ordinance, and, the Hazardous Structures provisions of City Code and State Statute. Effective Date: This Ordinance shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the Lake Elmo City Council. Lee Hunt, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator Adoption Date: Passed by the Lake Elmo City Council on the 17`h day of February, 2004. Publication Date: Published on the day of . 2004 in the DRAFT Fences The Planner reminded the Commissioners of the direction of the City Council to review and amend the city's fence ordinance. He reported that Lane Kendig has provided the City with his thoughts on a draft for a fence ordinance. The Planner distributed text that could be included into our existing Fence Ordinance as an amendment regarding fence permitting. In that permitting clause, two types of fences are exempted. 1. Exempt fences that are used to exclusively fence domestic farm animals as defined in Section 150 of the Municipal Code. 2. Exempt fences installed by government entities, for example: a. Fences that house city facilities, and b. Fences defining rights -of -way. The Planner said that as the permitting provisions are now drafted the City could issue a Correction Order and have a double permit fee for fences built without a permit. He also noted that the proposed clause regarding of non -conformity would allow the City to treat fences as a structure for the purposes of non -conformity; and allow the City to take actions regarding fences that become a hazard. Commissioner Sedro asked if the fence permitting process was meant to apply to invisible fencing, and if not, would we wish to add an exception for invisible fencing. M/SIP, Johnson/Sedro, to recommend adoption of the Code Amendments proposed by Planning Staff with a third exemption to be added for Invisible Fencing. VOTE: 6:0. Excerpted from Lake Elmo Planning Commission Meeting Minutes of February 9, 2004 Lake Elmo City Council February 17, 2004 Agenda Section: Planning, Land Use & Zoning No. 9C Agenda Item: Old Village Planning Area Development Moratorium Background Information for February 17. 2004: The Moratorium adopted by the City for the areas within the Old Village planning area is due to expire on February 24. The Council will recall that this moratorium was extended to February 24, 2004 to allow completion of contracted consultant work addressing waste water treatment, public water supply, surface water drainage, and traffic that would result from the Plan that has been recommended by the Planning Commission. As of today, I must report to the Council that this consulting work is not as yet completed. I am to receive the completed wastewater feasibility work from North American Wetland Treatment today, but I have not received the water supply, traffic and surface water reports from TKDA yet. Even though TKDA has been well aware of our moratorium -driven time line for this work, I will accept full responsibility for the delay in delivery of the completed work products. With this circumstance the Council needs to make a decision regarding the moratorium. I know that at least three of the land owners impacted by the moratorium (Hutchinson Estate, Abbott/Heritage and Lynsky) have put plans for development on hold pending the outcomes of the City's work; and, they appeared anxious to proceed during 2003. That said, the Council did provide for lands to be removed from the moratorium under certain circumstances, and none of those parties has requested that action. Also, I have heard nothing from the planner that the Schiltgen interests had hired to review their options. State Statute allows a moratorium to be enacted by a City for up to 30 months. There is no legal reason to not again extend the moratorium, but the Council may well believe there to be other reasons to allow the moratorium to simply expire — with the hope that the Old Village Plan will not be compromised by premature land owner actions. We have attached an ordinance that would accomplish such an extension. While no time period is inserted in the ordinance, I would think that 60 days would be sufficient. But then, I thought February, 2004 would be sufficient before. Action items: If it is the decision of the Council to extend the Old Village Moratorium, a motion to adopt Ordinance # 97 - , including the makers specification as to the length of the extension. Attachments: nsible: Time Allocated: STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO ORDINANCE NO. AN ORDINANCE RELATING TO A DEVELOPMENT MORATORIUM IN THE VILLAGE AREA The Lake Elmo City Council ordains that Section 301.150 and its subdivisions shall be added to the Lake Elmo Municipal Code to read as follows: 301.150 Development Moratorium. A. The City of Lake Elmo is in the process of studying planning concepts relating to the Village Area as shown on Exhibit "A", and authorized and directed by the City Council. A Village Plan for the area will be prepared in order to guide land use, design and capital improvements in the Village area. B. The City will be conducting informational meetings with the Public, Planning Conunission and City Council, as drafted plan documents are prepared. The City will conduct public hearings in order to obtain public input prior to the adoption of any required changes to its Comprehensive Plan and Official Controls. C. Pending the completion of the public hearings and the adoption of amendments to its Comprehensive Plan and Official Controls, the Lake Elmo City Council had determined that it would be in the public interest to impose a rezoning and development moratorium on those parcels of land which will be impacted by the proposed amendments. D. In order to achieve the above objectives, there is hereby imposed, except as hereinafter provided, the following limited rezoning and development moratorium, pursuant to the provision of M.S. 462.355, Subd. 4, on all property in the Village area as defined on Exhibit "A". 1. No Village area property may be rezoned except land zoned to (AG) Agricultural and those lands within the Railroad right-of-way. As an example; no property may be rezoned from one residential use category to another residential use category or from one commercial category to another commercial category or from a residential category to a commercial category. 2. No applications shall be accepted for processing by the City including any land within the moratorium area, including, but not limited to rezoning, subdivision into parcels of less than 10 acres, Conditional Use Permit, Open Space Development Project, Site Plan, and Zoning Variances. 3. Property may not be further subdivided, except as specifically provided below hereafter. 4. Vacant lots in a residential subdivision, which has already been approved by the City Council, may be developed consistent with the City's current zoning and building regulations. 5. In Residential Zoning Districts, new construction and additions to existing structures may occur. 6. No expansion of existing structures or new construction which would require a variance will be permitted. E. This moratorium shall not apply to subdivisions resulting in parcels of ten acres or greater; nor shall it apply to subdivisions where necessary to allow for minor lot line adjustments. F. This moratorium will be in effect for from the date of publication unless terminated by City Council action. G. The City Council may, by amendment to this Ordinance, remove specific parcels from the area of this moratorium, or repeal the moratorium in its entirety. Effective Date: This Ordinance shall be effective the day following its publication. Adoption Date. Passed by the City Council of Lake Elmo the 17th day of February, 2004. Lee Hunt, Mayor ATTEST: Charles E. Dillerud, Acting City Administrator Publication Date. This Ordinance or an approved Summary thereof was published on the in the Stillwater Gazette. Lake Elmo City Council February 17, 2004 Agenda Section: City Administrators Report No. 11A Agenda Item: Fire Department Officer Selection Process Background Information for February 17. 2004: As directed by the Council at its last meeting, the City Attorney has prepared drafts of amendments to both the City Code and the Fire Department By-laws that would change the process of Department officer selection and recommendation to the Council for appointment from departmental elections to a process similar to that employed for selection other management level City staff. The City Attorney recommends the Council address any such change with three separate actions: 1. By Motion, amend the Fire Department By-laws — which the Council may do, with or without the concurrence of the fire department staff. 2. By adoption of an Ordinance to amend Chapter 215 of the City Code to provide for fire officer selection by City Policy. 3. By adopting a City Policy by Resolution setting forth the officer selection process. All three steps must be taken to accomplish the change — and drafts of the necessary actions are attached (as prepared by the City Attorney). It is my understanding that the Council desires to conduct an "interactive" workshop with Fire Department personnel prior to moving forward with these actions. Person responsible: Action items: Either adoption of all three actions recommended by the City Acting ((ity %n n1strator/City Attorney Attorney (a Motion, an Ordinance, and a Resolution) to be effective immediately (or, perhaps, effective after the Workshop has been conducted); or a Motion to Table consideration of all three actions until after a workshop with Fire Department Personnel. Attachments: 1. Draft Motion to Amend By-laws 2. Draft Ordinance to Amend City Code 3. Draft Resolution to Establish City Policy Time Allocated: MOTION Motion By:: Seconded By: To Amend Section VII and Section XI of the Fire Department By -Laws to read as follows: "VII. MEETINGS/TRAINING SESSIONS. Annual Meetina. The Annual meeting of the fire department will be held in the month of January. Regular Meetings: The regularly scheduled meetings (business and training) of the fire department shall be held on the second, third and fourth Tuesdays of every month. The first Tuesday of every month shall be devoted to the Officers of the Department Meetings shall begin at 7:00 p.m., alternate times and scheduling may occur as needed. Business Meetinas: Business meetings shall be held bi-monthly, in odd numbered months (January, March, May, July, September and November) on the third Tuesday. Business meetings shall be presided by the President of the Relief Association and shall be conducted in the following manner: 1. Call to Order 2. Roll Call 3. Reading of the Minutes 4. Secretary's Report 5. Treasurer's Report 6. Committee Reports 7. Officers Reports 8. Old Business 9. New Business 10. Announcements/Good of the Association 11. Adjournment Equipment Maintenance: The third Tuesday of each even numbered month (February, April, June, August, October and December) shall be devoted to committee meetings and truck maintenance. This shall be subject to change." "XI, AMENDING THE BY-LAWS. The fire chief shall make recommendations to the City Council regarding By-law amendments. Three (3) affirmative votes of the City Council are required to approve amendments." F:WsersLJanlce\eny\LE\FIre Department - Motion.doc CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA AN ORDINANCE RELATING TO THE SELECTION OF FIRE DEPARTMENT OFFICERS Lake Elmo City Council hereby ordains that Section 215.01 of the City Code is amended to read as follows: "Section 215.01 The fire chief and fire department officers shall be approved and appointed pursuant to the fire department officer selection and appointment policy adopted by the City Council. In addition, up to twenty-eight (28) firefighters between the ages of 18 and 65 shall be approved by the City Council.'" ADOPTION DATE: Passed by the Lake Elmo City Council on the day of , 2004. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: , 2004 ATTEST: Charles Dillerud, Acting City Administrator Lee Hunt, Mayor PUBLICATION DATE: Published on the _ day of , 2004. F:\users'anlce\erry\LE\Fire Department Selection Ordlnance.doc CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION RELATING TO THE SELECTION AND APPOINTMENT OF THE CHIEF OF THE FIRE DEPARTMENT AND THE OFFICERS OF THE FIRE DEPARTMENT WHEREAS: the Lake Elmo City Council has determined that it would be in the best interest of the City to revise the process for selecting and appointing the fire chief and the officers of the Fire Department: NOW, THEREFORE, be it resolved that the following policy is hereby adopted: Fire Department Officers Selection/Appointment Process Fire Department Officers: 1.0 Fire Chief. Applications for the position of fire chief shall be reviewed and a selection made by a panel consisting of the City Administrator, one member of the City Council and three (3) fire chief's from neighboring fire departments. Upon selection, the panel shall make a recommendation to the City Council for appointment of the fire chief. The fire chief shall be appointed for a two (2) year term commencing on January 1 in even numbered years. 2.0 Assistant Fire Chiefs. Applications for the position of assistant fire chief shall be reviewed and a selection made by a panel consisting of the City Administrator, one member of the City Council, three (3) fire chiefs from neighboring fire departments, and the fire chief selected for recommended appointment pursuant to Section 1.0. Upon selection, the panel shall make a recommendation to the City Council for the appointment of assistant fire chiefs. The assistant fire chief for Station #1 shall be appointed to a two (2) year term commencing on January 1, in odd numbered years. The assistant fire chief for Station #2 shall be appointed to a two (2) year term commencing on January 1 in even numbered years. 3.0 Fire Captains. Applications for the position of fire captain shall be reviewed and a selection made by the fire chief and assistant fire chief(s) of the fire department. Upon selection, the fire chief and assistant fire chief(s) shall make a recommendation to the City Council for the appointment of fire captains. Four (4) fire captains shall be appointed for (2) year terms commencing on January 1. Each station shall have one (1) fire captain appointed in an odd year numbered year and one (1) fire captain appointed in an even numbered year. 4.0 Station Captain. The fire chief shall appoint station captains for two (2) year terms commencing on January 1 in odd numbered years. 5.0 Trainino Officer. The training officer shall be appointed by the fire chief. EFFECTIVE DATE: This Policy shall be effective the day of , 2004. Date: , 2004. ATTEST: Charles Dillerud, Acting City Administrator F: usersUaniceUlernALE\FIre Department Selection Resolution.doc Lee Hunt, Mayor Lake Elmo City Council February 17, 2004 Agenda Section: Public Inquiries/Informational No. 1113 Agenda Item: Resolution Endorsing Legislation Regarding CRT Recycling Background Information for February 17, 2004: I have attached a letter and attachments recently received from Washington County Board Chairman Stafford regarding legislation the County is asking the City to support that involves enhanced regulations on the recycling of CRT's — T. V's and computer monitors. Due to the content of Hazardous materials in those appliances the legislation essentially would take them out of the Public waste stream; and, place the burden back on the manufactures to dispose of them properly. This would be somewhat the same as the service stations now being required to accept oil wastes. This appears to be good legislation from an environmental perspective, and worthy of the City's support. I recommend adoption of the attached Resolution. Person responsible: Action items: Motion to adopt Resolution #2004 - , supporting legislation for the Acting recycling of CRT's. Attachments: 1. Draft Resolution #2004 — t 7 2. County Documents Time Allocated: CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2004-117 A RESOLUTION SUPPORTING LEGISLATION FOR THE RECYCLING OF CRTs WHEREAS, technological advances in the areas of computers and televisions has created an inadvertent environmental problem when electronic products need to be disposed; and WHEREAS, this waste stream, called E-waste, includes old TV's and computer monitors that have picture tubes or cathode ray tubes containing 2 to 8 pounds of lead per tube, and WHEREAS, these items contribute to lead in our water, air, and soil when disposed with other mixed wastes, and WHEREAS, the City of Lake Elmo supports efforts to ensure a long-term and sustainable system to ensure the proper management of old TVs and computers without reliance on government -only solutions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo supports the Solid Waste Management Coordinating Board's legislative initiative incorporating manufacturer responsibility, reliable and convenient collection options, responsible recycling of CRTs, a mechanism to address the backlog of CRTs, and a preference for advance recycling fees without reliance on local government for management of CRTs, effective July 1, 2005. ADOPTED by the Lake Elmo City Council on the 17th day of February, 2004. Lee Hunt, Mayor AT PEST: Charles E. Dillerud, Acting City Administrator Washington County February 10, 2004 Dear City Mayors/Township Board Chairs: Board of Commissioners Dennis C. Hogberg District 1 Bill Pulkrabek District 2 Nile L. Kriesel District 3 Myra Peterson, Vice Chair District 4 R.H. Stafford, Chair District 5 Washington County is requesting your support of the attached legislation regarding the management of products with CRT's (cathode ray tubes). The Solid Waste Management Coordinating Board, in which Washington County is a member, has drafted a legislative initiative on managing CRTs (cathode ray tubes) in certain electronic products like TV's and computer monitors. TVs and computer monitors can contain from 2-8 pounds of lead as well as mercury, cadmium and PCBs. More than 3.5 million TVs are in Minnesota homes today and another 2 million computer monitors are in Minnesota homes and businesses. In the 2003 the State Legislature prohibited the disposal of cathode ray tubes in TV's and computers in mixed waste effective July 1, 2005. The SWMCB has developed the attached draft bill which incorporates manufacturer responsibility with: • reliable and convenient collection options • recycling of CRT's • a mechanism to address backlog of CRT's and • a preference for advance recycling fees without reliance on local government management. Since the legislative session will move quickly, we would appreciate your adoption of the draft resolution within the month. Judy Hunter, Department of Public Health and Environment is available to meet with you or answer any questions. Please provide copies of adopted resolutions and/or coordinate any response with Judy at 651-430-6668 or iudv.hunternco.washinaton.mn,us. Also attached for background information is a Fact Sheet on CRT's. Thank you very much for your support. Sincerely, 9 R.H. Stafford, Cahair Washington County Board of Commissioners c: Jim Schug, County Administrator Mary McGlothlin, Department Director John Kaul, Legislative Liaison Judy Hunter, Senior Program Manager City Administrators and Clerks Government Center • 14949 62nd Street North — P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6001 • Fax: 651-439-6017 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action TVs and computer monitors contain lead New Technologies = more obsolete units discarded Old TVs and computer monitors should be recycled Currently, recycling options for residents are not adequate A Growing Problem: Discarded TVs and Computers Would you throw 2 pounds of lead in your garbage? Probably not. Yet when someone disposes of a TV or computer monitor in the garbage, they do just that. • TVs and computer monitors can contain from 2 to 8 pounds of lead as well as mercury, cadmium and PCBs. TVs and computer monitors are considered the largest single source of lead in Minnesota's garbage. Lead and other heavy metals can cause damage to health and the environment. According to the Minnesota Department of Health, lead poisoning can cause learning, behavioral and health problems In young children and high blood pressure, kidney damage and damage to the reproductive organs in adults. There are a lot of TVs and computer monitors in Minnesota homes that people will want to get rid of eventually. More than 3.5 million TVs are in Minnesota homes today, and another 2.0 million computer monitors are in Minnesota homes and businesses. Changes in technology such as digital broadcast television and flat screens shorten the useful lives of electronic devices and promise to increase the amount of electronics that will be discarded in the future. If not in the garbage can, where should old TVs and computer monitors go? • These wastes do not belong in the garbage with other mixed wastes. In the 2003 session, the State Legislature prohibited the disposal of cathode ray tubes found in TVs and computer monitors in mixed wastes, effective July 1, 2005. Discarded TVs and computer monitors can and should be recycled. Nearly all of the component parts, including the lead and glass, can be recycled or recovered. • In 2002, news of shipment of old TVs and computers to countries such as China became widely known. 0ld electronic equipment from the U.S. was being broken down in unsafe conditions and seriously contaminated local waters. We need to work hard to be sure that this method of disposal of our wastes does not happen. (For more information, go to http://www.computertakeback.com) It's not easy at this time for Minnesota residents to get their discarded electronics recycled. While residents frequently store old TVs and monitors after they are no longer useful, there comes a point in time when these items become a nuisance. • Many waste haulers do not pick up TVs and computer monitors, and those who do often charge a fee. • Recycling options that exist are not always conveniently located or open at times that are convenient for residents. • Recyclers that take old TVs and computer monitors charge fees that some residents consider too expensive. A Growing Problem: Discarded TVs and Computers Convenient and affordable options are needed for citizens to recycle discarded electronics Getting Industry to Help What can I do about this problem? St n.en,..n .n w.. nn.n Who is responsible for addressing this growing problem? Government alone cannot be responsible for the growing volume of discarded electronics and associated costs. • At an average cost of $10 - $15 per unit to disassemble and recycle a TV or computer monitor, the cost to Minnesota taxpayers could be $3,000,000 per year or more. Metropolitan counties are joining efforts to get manufacturers to participate in solving this problem. • It's called "product stewardship" - asking manufacturers to share responsibility for products they sell when those products reach the end of their useful lives. • Product stewardship efforts relating to electronics are in place in Europe, Japan and Canada, but progress in the United States has been slow, and the problem remains unsolved. • Some manufacturers have initiated voluntary programs, but so far, not enough has been done. It remains difficult for citizens to find out how to recycle of TVs and computers, with inconvenient locations, few hours of operation, and fees for recycling. Become informed. Go to the SWMCB web site to learn more: www.swmcb.oro/TVcomouters. Also consider: • Contacting manufacturers to let them know about your concerns. • Asking your local retailer to support manufacturer responsibility for recycling old TVs and computers. • Supporting legislative efforts to get manufacturers to help solve the problem. Information and suggestions about these actions can also be found at www.swmcb.org/TVcomouters PRODUCED BY THE SOLID WASTE MANAGEMENT COORDINATING BOARD 11/03 20 containin: 1 A bill for an act 2 relating to the environment; establishing a process for the 3 collection, transportation, and reuse or recycling of video 4 display devices .from households; providing immunity for 5 certain anticompetitive conduct for manufacturers that 6 participate in collection and management programs for video 7 display devices; establishing a state standard for collection 8 and recycling of video display devices; proposing coding for 9 new law in Minnesota 10 Statutes, chapter 115A. 11 12 BE IT ENACTED BY THE LEGISLATURE OF THE S dF MINNE8.0 13 Section 1. [115A.9566] [RECOVE {SAND RE YCLING OF 14 ELECTRONIC PRODUCTS.] 15 Subdivision 1. [DEFINITgONS.] For the'pUrpose of this section, 16 the following definitions shall ,- T 17' (a) "Cathodevay,tube" or r:CRT" means tube or .;h .,-.:2, j c, ' .r 18 picture tube use ,'.to conveSt an electronic signal 19 (b) "Video ds:plawMeuice" means an electronic product e i:. ube, a ti'at panel screen, or any other a vacuum into a visual image. 21 simi, &,video dispi device W th a screen size that is greater than r 4)in% size mefsured diagonally, but does not include an 22 four inc$€s;,;in veiT 23 automobile orsother vAl e' icle. 24 "Manil�;a"b"izld'' t (cp turer" means a person who manufactures a video 25 display device that is sold in this state or a person who sells a video 26 display device under its own brand label. - 1 - t'4 ransporta£i)on, and OA f��'^Y5� fr°bm households,„ 10 recovered through an end -of -life fee to t'ke; gegenerator; and ` (2) ensure that the costs of collect' 11 9 reuse or recycling of video display d'b.lbes 11 (3) clearly inform each p1Yrchaser of a video display device of 12 the program and opportunities fo* retia e,.For recycling of end -of -life 13 video display devices. 14 (4) ensure ethat videem display devices 1515 are not exported Eo;Ather:t puntries un`' as (i) importation is not 16 prohibited ry , Riixi:ef ?v. of desation and the import is conducted in Fv=i' nR 17 accop ance with al pplica.?�1fre4aws; (ii) the export is conducted in 18 accordarii with applicible international law; (iii) the management of rs will be handled within the country of destination in `per 20 accordance with pricable rules, standards, and requirements adopted 21 by the Organization for Economic Co-operation and Development for the 19 the exporte 1 Subd. 2. [MANUFACTURER RESPONSIBILITY.) Effective July 1, 2005, 2 all manufacturers of video display devices sold in Minnesota, including 3 video display devices sold by means of distance communication, shall: 4 (1) establish permanent programs in Minnesota for the collection, 5 transportation, and reuse or recycling of video display devices from 6 Minnesota households; such programs must provide ,•Convenient access for 7 all households in Minnesota; or their component parts 22 environmentally sound management of electronic waste; and (iv) the 23 device is being exported for the purpose of reuse or recycling. . 24 A manufacturer may fulfill its responsibilities under this subdivision 25 through a representative organization.of manufacturers. - 2 - 1 Subd. 3. [MANUFACTURER REGISTRATION AND CERTIFICATION.] 2 (a) On and after July 1, 2005, it shall be unlawful sell a video 3 display device in this state unless the commissioner has determined (i) 4 that the manufacturer of the video display device has registered with 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 the agency and (ii) that the manufacturer has established a program in compliance with subdivision 2. pra, (b) By December 31, 2004, and each yeard;theregfter, each manufacturer of a video registration to the commissioner. be limited to a listing its subsidiaries or any registration shall also 44 N display sievice sol*An Minnesota%shall submit a ,(4 't,4k ' Reg4tratichshall incl :-?bab.t not of all brand labelboWned by the manufacturer, companses acquired by -The manufacturer. The caw' specify theentity that Will be responsible for implementing the manufacturer's subdivision 2. The commissioner pgrmerAnt15f84igM as specified in 4; may;charge a registration fee to cover v30 the agency's costadministering the and certification m acL, program• -it„ A44 (6,b) By Decembe*31, 2(X0'4cand each year thereafter, each t"da manufactter of a vide$ display device sold in Minnesota shall submit a ":4t7 written cereflicationiPsigned by an official of the manufacturer, that .4).r the manufacturer7*th 2establ 14ra program in compliance with the -- ished requirements in subdivision 2. The commissioner may accept the 22 certification as prima facie evidence that the manufacturer has 23 established a program in compliance with subdivision 2. 24 (d) By March 31, 2005, and each year thereafter, the commissioner 25 shall publish in the State Register and on the agency's Web site a list -3- 1 of video display device manufacturers and all brand labels for which 2 the commissioner has received registrations and determined are in 3 compliance with subdivision 2. 4 Subd. 4. [CONTRACTS WITH THE STATE OR POLITICAL SUBDIVISIONS.] A 5 manufacturer or a representative organization of manufacturers may 6 contract with the state or a political subdivision'to provide 7 collection, transportation, and reuse 8 section. The manufacturer or organizatiq$ ffia,l 9 political subdivision for contractual$ 10 subdivision. 11 or recycling services under this reimburse the state or ervicesN,rendered und� Subd. 5. [MANUFACTURER R !QRTING.] By 0 12 year thereafter, a manufacture ober 1, 2006 and each e;o„display devices 1' 13 representative organization shall'`proude iiifbation to 14 that specifies the followatq informa ion regarding video 15 devices 16 (1) 17 proviles 18 devices;' Of from Minne's'4ta ho Seholds : 4>''Jocation'afid hours`tliat the manufacturer or organization permanentr`_coalect p3�a7t the state'for the video display or its the office display 19 (2) the<i€otal nuitiber and pounds of video display devices 20 collected during`preceding year, together with the total number and 21 pounds of video display devices reused or refurbished for reuse, and 22 the total number and pounds of video display devices recycled or 23 resold; and 24 (3) the processes and methods used to recycle, refurbish or reuse 25 the video display devices and any disassembly, physical recovery - 4 - 1 operation, or other operation that was used and the location where 2 these activities occurred. 3 If a manufacturer fulfills its responsibilities under subdivision 4 2 through a representative organization of Manufacturers, the reporting 5 requirements in this subdivision may be satisfied by,othe representative 6 organization. :4,` 7 Subd. 6. [PERFORMANCE STANDARDS.] It i.#l€he gpAl of the state to 6L -41 8 ensure that all video display devices diseedklby hojetiolds are 9 collected, and reused or recycled. Ite *der ek, meet this qoalorthe ,11* 10 state hereby establishes the following minlikuelperformance standards 11 for the programs established d.Ader subdivisionM: 12 V.9M, (a) by July 1, 2006, the aggregated amount.,of:video display ,o4rt 13 devices collected from households Isprireuse461*ecycling equals 0.050 14 video display deflees perAresident of the state; ft (yr". 15 (b) by July44W,2007.the aggregi s ed amount of video display 0,.!flP4,406141 16 devices coed froethbusehollifOr reuse or recycling equals 0.055 17 videedisplay devicieS?Aper 'rendent of the state; and W$1. 'tu3 18 (040y July 1, 2O8, t4ie aggregated amount of video display 19 devices colreated fromRhouseholds for reuse or recycling equals 0.060. Vakk, 20 video display dele's per resident of the state. 21 Subd. 7. [OFFICE OF ENVIRONMENTAL ASSISTANCE REPORT.] lAy 22 December 1, 2006 and each year thereafter, the office shall assess the 23 progress of manufacturers in meeting the performance standards set 24 forth in subdivision 6. By December 1, 2007 and every two years 25 thereafter, the office shall submit a report to the legislature -5- 1 evaluating the manufacturers' programs established under subdivision 2 2 and their progress in meeting the state performance standards set forth 3 in subdivision 6. If the office determines that manufacturers have 4 failed to meet the performance standards set forth in subdivision 6, 5 the office shall recommend point -of -sale or advance recycling fees, or 6 other methods for ensuring that the state performance standards are 7 met. The report shall include an assessment 'f the`; ratio of discarded 8 CRTs to other discarded video display deyi'te 9 the minimum performance and a redotnmendation for standards forlif20,Q9 andt2010. 10 also publish its assessment and evaluation`'`= 11 collection, transportation, arid:. reuse 12 state on the office's Web site an or recycling programs The of .e£ shall :video display"' device in the rough any offi_z" s other regular 13 methods of providing public informati,on'. 14 Subd. 8. [a1TICOMPETITIVE CONDUCT.] its :;o icers, members, employees, and 15 organization of maitifactuers and 16 agents cono:4baYta��pff''ate .n,.proie"c'Ls-;?or pr 17 and reuse or recyd electi�oniarproducts A manufacturer or ograms to collect, transport, are immune from liability 18 under state.law relat ,agg tc4antitrust, restraint of trade, unfair trade 19 practices. aia`;;othe 20 related to the collection 21 required under this section. 22 equlation of trade or commerce for activities and management of video display devices Subd. 9. [ENFORCEMENT.] This provision may be enforced under. 23 sections 115.071 and 116.072. 24 Subd. 10. [EXPIRATION.] The requirements under subdivisions 1 to 25 9 expire 30 days after the office publishes a notice in the State - 6 - 1 Register that a national program for effectively collecting, 2 transporting, and reusing or recycling waste video display devices is 3 established and implemented throughout the state. 4 5 6 1/8/2004 Version - 7 -