HomeMy WebLinkAbout11-03-04 LE CCMP=(LL
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Couneilmembers:
Steve DeLapp
Susan Dunn
Wyn John
Dean Johnston
Please read:
Pledge of Allegiance
1. Agenda
2. Minutes
Lake Elmo City Council
I
Wednesday,
NOVEMBER 3, 2004
(This meeting has been rescheduled because of the General
Election scheduled for November 2, 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. PUBLIC INQUIRIES.
B. Public Informational: Don Theisen,
Washington County; Resolution 2004-
092:Supporting Traffic Signal at Keats/I-
94 N. Ramps
C. Resolution No. 2004-093:Canvass
Results of General Election
4. CONSENT AGENDA
A. Resolution No. 2004-094:Approve
claims
B. Resolution No. 2004-095:Certify Hill
Trail/50t Street Reconstruction Assessments
to Washington County
Resolution No. 2004-096:Certify 2004
Overlay Street Assessments to Washington
County
5. FINANCE
A. Resolution No. 2004-097:Brokerage
Investment Account Corporate Resolution
October 19, 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
continents 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 fonnat. 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.
Tom Bouthilet
Lake Elmo City Council Agenda
November 3, 2004
Page 2
6. NEW BUSINESS
A.
7.
MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Department
Activities:Fire Chief Malmquist
8. CITY ENGINEER'S REPORT: Tom Prew
A.
9. PLANNING. LAND USE & ZONING: C. Dillerud
A. CDBG Sub -recipient Contract —
2004/2005
B. Fence Ordinance Amendments —
Continued Consideration
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Recycling Ordinance
12. CITY COUNCIL REPORTS:
A. Mayor Bunt
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member John
E. Council Member Johnston
13. ADJOURN COUNCIL MEETING
The Lake Elmo City Council
will hold a Workshop after
the Council meeting to
discuss:
1.Highway 5 Study
2.City Hall - Old Village
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 19, 2004
1. AGENDA
2. MINUTES: October 5, 2004
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Cable Commission: Jennie Holder
4. CONSENT AGENDA:
A. Resolution No. 2004-089: Approve Claims
5. FINANCE:
A. Resolution No. 2004-090:Bond Sales
B. Monthly Operating Report -Informational
C. City Audit
6. NEW BUSINESS
7. MAINTENANCE/PARK/FIRE/BUILDING:
8. CITY ENGINEER'S REPORT:
9. PLANNING, LAND USE & ZONING:
A. Leave of Absence Request: Planning Commission Member
B. Resolution No. 2004-091:Lot Area Variances/Minor Subdivision —
Tauer/Pechan
C. Fence Ordinance Amendments D. Traffic Signal — Keats/I-94 N. Ramps
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Holiday Lights
12. CITY COUNCIL REPORTS:
Mayor Hunt called the council meeting to order at 7:00 p.m. in the Council chambers:
PRESENT: John, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Planner
Dillerud, City Attorney Filla, Finance Director Tom Bouthilet, Building Official Jim
McNamara and Administrator Rafferty.
1. AGENDA
M/S/P Dunn/Jolmston - to approve the October 19, 2004 City Council agenda, as
amended. (Motion passed 5-0).
2. MINUTES: October 5, 2004
M/S/P Johnston/Dunn - to approve the October 5, 2004 City Council minutes, as
amended. (Motion passed 4-lAbstain John).
3. PUBLIC INOUIRIES/INFORMATIONAL:
A. Cable Commission: Jennie Holder
Jennie Holder, Lake Elmo's representative on the Ramsey/Washington Suburban Cable
Commission gave a review of the benefits and services offered to 1400 residences in the
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 2004
City. She asked that inquiries regarding installation of cable in their neighborhood be
sent to her.
Gloria Knoblauch invited city officials to attend Christmas at the Court House on Friday,
November 19th 6 p.m. where the men would pour champagne and women serve
appetizers. Mayor Hunt, Council members John, Johnston, Dunn and Administrator
Rafferty responded they would attend.
There will be an Open House on October 20`h at the High Point Health Clinic for free
health screening. There will be a presentation to legislatures at 5 p.m.
4. CONSENT AGENDA
B. Resolution No. 2004-089:Approvine Claims
M/S/P John/Dunn - to approve Resolution No. 2004-089 approving claim numbers 221,
222, DD253 through DD264, 26278 through 26305 which were used for staff payroll
October 14, 2004, claim 26277; 26306 through 26351 in the total amount of $107,107.35.
(Motion passed 5-0).
5. FINANCE:
A. Resolution No. 2004-090 Bond Sales
Paul Donna, Northland Securities, reported that the City has been upgraded from Al to
AA3 bond rating with insurance. The city will receive a better interest rate than
projected. He mentioned you don't find cities this size tp have this good of a credit rating
and it's because of low debt and a strong economy. These bond sales will finance a new
city hall, building a public works facility and the potential option of a fire station which
reflects the comments of the community.
M/S/P John/Johnston — to approve Resolution No2004-090 authorizing issuance of
awarding sale of general obligation bonds in the amount of $4,090,000. (Motion passed
5-0).
B. Monthly Operative Report- Informational
The Finance Director reported the budget is on -track and the line items are on target. He
noted that fuel prices are on the increase and will ultimately affect the budget.
C. City Audit
The Finance Director reported the stlaff requested a mid -year audit in preparation for
GASB34 requirements to alleviate the amount of work for the Annual Year -End Audit.
The City received a summary letter of the result of the work completed by Abdo, Eick &
Meyers, LLP. The Finance Director noted that a major portion of the report findings
have been resolved and anticipates the Annual Year -End Audit will be more efficient as a
result of this audit.
6. NEW BUSINESS:
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 2004 2
7. MAINTENANCE/PARKJFIREBUILDING:
A. Update on Building Department Activities: Building Official
The Building Official reported there were two new residential building permits and two
new commercial building permits issued in September, 2004. He alerted the residents to
have their chimneys serviced by a licensed chimney sweep and to not burn logs in a gas
fireplace. Carbon monoxide detectors should be placed in the lowest level of the house
and to check batteries of your smoke detector.
8. CITY ENGINEER'S REPORT:
9. PLANNING, LAND USE & ZONING:
A. Leave of Absence Request — Planning Commission Member
Planning Conunission Member Jennifer Pelletier has requested a Leave of Absence from
her Commission duties until the end of January, 2005 for medical reasons. The Council
has previously approved requested Leaves of Absence of similar duration. The City
Planner noted that making a quorum should not be a problem with a full complement of
commissioners now in place.
M/S/P DeLapp/Dunn - to approve the Leave of Absence requested by Jennifer Pelletier
for medical reasons from the Planning Commission until the end of January 2005.
(Motion passed 5-0).
B. Lot Area Variances/Minor Subdivision — Tauer/Pechan
Donald Tauer of the Animal Inn and Walter Pechan has made application to the City for a
variance to lot size for a minor subdivision to rearrange metes and bounds property lines
with the Animal Inn complex to combine two existing tax parcels into one; and, then
detach .63 acres of the combined (new) parcel and add that detached portion to a third
adjoining parcel (Pechan), Mr. Tauer advised that he has been allowing Mr. Pechan to
use the .63 acres for truck turning, but now intends to sell his Animal Inn real estate and
has reached an agreement for Pechan to purchase the land that has been used over the
years.
The City Planner reported the zoning variances relate only to the fact that all three parcels
involved in the Minor Subdivision action are non -conforming as to parcel area; and the
resulting two parcels will be as well. At its October 13, 2004 meeting, the Planning
Commission unanimously adopted a recommendation to grant a variance to lot area and a
minor subdivision to Donald Tauer.
M/S/P DeLapp/Dunn — to adopt Resolution No. 2004-091 approving a Minor Subdivision
and lot area variance for Donald Tauer and Walter Pechan based on the recommendation
of the Planning Commission. (Motion passed 5-0).
In response to a question by Council Member DeLapp regarding the forthcoming
redrafting of the Lake Elmo Comprehensive Plan, the Finance Director explained the
City did not budget any extra funds in the planning budget for 2005. The City Planner
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 2004 3
concurred that the 2005 City budget does contain a minimal amount to cover planning
studies, but that does not anticipate the scale of planning he understood that the Council
desires to respond to the Met Council. He indicated that such a degree of plan detail is
extraordinarily detailed and costly. He reserved commentary as to the cost until it is
decided what we want to do.
A. Fence Ordinance Amendments
The City Planner reported the Planning Commission conducted a public hearing on
October 13`h, 2004 and adopted several recommendations regarding amendments to the
new fence ordinance. Minor wording adjustments were recommended regarding
setbacks for fences on lakefront property that lies in a shoreland setback. The
Commission also recommended allowing fences to be constructed at the rear property
line of double frontage lots by Conditional Use Permits; and, to waive permits and permit
fees for Temporary Fences Finally, the Commission recommended amending the
percentage of fence area above 42 inches that must be open to air and light from the
present 75% to 50%; and, to allow percentage of open area to be calculated over the full
fence height.
Nancy Bielenberg, 12115 Marquess Lane N, asked why is the City talking about 6'
height again when applications will come before the Council for approval by a CUP. She
asked why was the requirement for height and open area snuck back into the ordinance.
She said in her development, Carriage Station, there are fences erected cutting up small
lots
Council member Johnston stated the Council shouldn't bring back 6' solid fences and
agrees with the speaker. He supports the other amendment changes and added we never
finished addressing screening.
Council member DeLapp said if the residents put up 6' fences that is what our residents
want. Why should we tell them different?
The Planner said the 75% standard for area open to light and air may have been
arbitrarily arrived at from an example without consideration for how it might actually
impact the applicants.
Council member John said he has no problem with recommended amendments nos. 1 2 &
4. He asked if a fence, that is 50% open to air and light, is more or less costly than a
solid fence of the same height.
Council member Dunn said the smaller lots are a challenge. A custom-made fence to
address the area required to be open to air and light will be more expensive than a
standardized solid 6 foot fence. She has no problem with 50%, but 75% is more
expensive.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 2004 4
M/S/P Johnston/DeLapp - to Approve Amendments #1, 2, and 4 as stated by the Planner
and asked for more information on Amendment #3 regarding the cost of compliance with
mandatory percentages of fence area open to air and light. The question was whether
such a standard resulted in a more costly custom fence. Planner Dillerud will find out
what constitutes custom by the fence suppliers. (Motion passed 5-0).
D. Resolution No. 2004-092:Traffic Sienal — Keats/I-94 N. Ramps
The Council received communication from Washington County regarding the County's
intent to apply for funding to install a traffic signal at the Keats/I-94 North ramps. No
cost participation by the City is proposed, but the City's endorsement of the project has
been requested by the County.
Council member DeLapp noted these are Woodbury lights and not Lake Elmo lights.
There is no Lake Elmo traffic contribution. The City has wanted the County to do
something on Hwy 5 regarding signals at Lake Elmo Avenue and they do nothing. He
continued that the proposed signals at Keats do not involve safety issues as at Highway 5
and County Road 17.
Council member Dunn reported there was supposed to be a landscaped parkway into the
Regional Park, but the County is 20 years late.
It was the consensus of the Council to invite County Engineer Don Theisen to the next
meeting to discuss the Keats traffic signal and to bring up the city's lighting standards,
safety concerns on Highway 5, and landscaping and paths that have not been followed
through.
M/S/P Dunn/Jolm - to postpone consideration of the resolution supporting Washington
County's intent to apply for funding to install a traffic signal at the Keats/I-94 North
ramps and invite Don Theisen, Washington County, to discuss safety concerns. (Motion
passed 4-1:Johnston said this is an exercise in futility because all the County is asking is
nothing but support and the City will look uncooperative.)
10. CITY ATTORNEY'S REPORT:
The City Attorney reported the house located on 37th Street has been secured. The
county attorney has asked him to prepare a letter describing the city historical contact
with that property. He said he has talked to the attorney of the property owner concerned
about the parcel on Keats Avenue. The attorney who will be meeting with his client on
Thursday and will let Filla know if they will be on the November 9th council committee
agenda.
11. CITY ADMINISTRATOR'S REPORT:
A. Holiday Liehts
The City Administrator reported the City has the responsibility to maintain, store and
install holiday lights in the Old Village area. Several years ago the Jaycees purchased
new lights and donated the lights to the City. The Public Works Department has had the
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 2004 5
responsibility to maintain and store the lights and the Fire Department has installed the
lights. At today's standards related to safety practices suggest the need for the
appropriate equipment and experienced personnel to utilize that equipment. The
Administrator indicated the Public Works and Fire Department do not have the
appropriate equipment to install the holiday lighting. Staff identified Noble Seasonal
Lighting, Inc. as a company that specializes in this service and has provided the city with
a proposal to install, remove and store the city's seasonal lighting for a price of $2,500
for the existing inventory of holiday lights.
M/S/P DeLapp/John — to authorize the Administrator to contract with Noble Seasonal
Lighting, Inc. to install, remove and store the city's seasonal lighting for a price of $2,500
for the existing inventory of holiday lights. (Motion passed 5-0.)
12. CITY COUNCIL REPORTS:
Mayor Hunt reported on the sessions he attended at the MN League Conference in
Duluth. He gave an update on the Saturday, Old Village Master Concept Plan workshop
where staff, Planning Commission members, public, potential developers attended to
listen to a master developer and discuss if there should be a master developer or a master
plan or a combination of both. There will be a series of several workshops to work on
component parts of the plan. He said with all work done we are within 6 to 9 months to
put together a plan so people can react.
Council member Dunn noted that the VBWD hopes to adopt a new management plan for
2005-2015 and will be discussing this plan at its October meetings.
Council member Johnston endorsed attendance at the League Conference. He talked to
suppliers of wetland treatment vendors, talked to planning firms. He encourages
everyone to exercise their right to vote.
Adjourn the meeting at 9:10 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2004-089 Claims
Resolution No. 2004-090 Bond Sales
Resolution No. 2004-091 Tauer/Pechan Lot Area Variance/Minor Subdivision
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 2004 6
MINUTES APPROVED: October 19, 2004
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 5, 2004
1. AGENDA
2. MINUTES: September 21, 2004
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
4. CONSENT AGENDA:
A. Resolution No. 2004-083:Approve claims
B. Parks Commission Appointment
C. Hire Public Works Employee
5. FINANCE:
A. PUBLIC HEARING: Assessments for proposed Unpaid Municipal
Utilities, Resolution No. 2004-084
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIREBUILDING:
8. CITY ENGINEER'S REPORT:
A. PUBLIC HEARING: 55th Street Vacation, Resolution No. 2004-085
B. Escrow Reduction: Whistling Valley Phase 1
9. PLANNING, LAND USE & ZONING:
A. Amateur Radio Tower Permit — Smith/Holm
B. Resolution No. 2004-086: Tapestry at Charlotte's Grove Preliminary Plat,
OP Stage Plan, CUP
C. Resolution No. 2004-087:Comprehensive Plan Amendment — Inwood
Associates
D. Resolution No. 2004-088:Variance from Sideyard Setback, 3385 Lake
Elmo Avenue, Brookman
E. Appointments to Planning Commission
F. Ordinance No. 97-142: Old Village Moratorium
G. Site Plan Security Release — Bremer Operations Center
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Tree Program
B. Appointment of Replacement to City Council
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,
Finance Director Tom Bouthilet, City Planner Dillerud and Administrator Rafferty.
ABSENT: Council member John
1. AGENDA
ADD: Discussion on an Ordinance for replacement of Council Member, Smooth
operation with signal lights off at Ideal Ave/Hwy 5; Introduction of Mike Charron,
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 1
M/S/P Dunn/Johnston — to appoint Charles Nalipinski, 235 Cimarron, as a Full -Voting
member of the Parks Commission to finish Mike Tate's term that expires December 31,
2005. (Motion passed 4-0).
C. Hire Public Works Emnlovee
The City Administrator reported after the second interview, he and the Public Works
Supervisor selected Jim Sachs, a twenty year Lake Elmo fireman, as the most qualified
person for the position. The Council adopted a new Fire Ordinance which included the
creation of a new Firefighter classification; City Employee/Volunteer Firefighter
compensated at an annual stipend of $2500. The new job classification was developed
with the advice of the League of MN Cities and reviewed and approved by the U.S.
Department of Labor.
M/S/P Dunn/Johnston — to approve the hiring of Jim Sachs as a Public Works Employee
for the compensation as budgeted and as planned for in the 2004 budget. (Motion passed
4-0.).
5, FINANCE:
A. PUBLIC HEARING: Assessments for proposed Unpaid Municipal
Utilities. Resolution No. 2004-084
The Finance Director handed out an updated version of unpaid municipal utilities. All of
the property owners were sent letters regarding past due municipal utilities balances.
Notification of the Public Hearing was published in the Stillwater Gazette on December
25, 2004. Property owners will have until November 3`d to pay the balance due with
interest of a fee of $25.00, whichever is greater.
Mayor Hunt opened up the Public Hearing at 7:26 p.m.
There was no one to speak for or against past due municipal utilities.
Mayor Hunt closed the Public Hearing at 7:27 p.m.
M/S/P DeLapp/Johnston — to approve Resolution No. 2004-084 for the Assessment of
Unpaid Municipal Utilities, as amended by the Finance Director. (Motion passed 4-0).
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
8. CITY ENGINEER'S REPORT:
A. PUBLIC HEARING: 55`h Street Vacation, Resolution No. 2004-085
Eight residents with property south of and abutting 55`h Street North from 93 feet west of
Marquess Trail to east of the 55th Street/Manning intersection have petitioned the City to
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 3
Council member Johnston said he saw the problems it would create for new
developments, but this commitment was made, and it is a question of integrity. He
supported the street vacation.
Council member Dunn agreed it could be a concern for developers and road patterns in
the future. She said that the elected officials were going to have to think of the future and
make decisions based on that as well as the present even if the decision is not popular.
She said she had a concern with density of this development, lots would be small, and the
City needs access to the well. They looked at the road and asked what can be done to
make it safer.
Council member DeLapp said that the road was originally built by Baytown to serve
farmers. He said he was happily surprised at the number of residents who were calling
the council to check about the future of the road before buying homes in that
development. He said he would be in favor of vacating the road if residents would be
ready to help cover costs of landscaping and look into trail easements for bike trails. He
suggested that a few residents meet with the planner to discuss a plan for the road and
how costs will be addressed.
Mayor Hunt said he was on the Council when it promised the road would be closed and
should follow through with that commitment. He agreed with DeLapp on the process of
a few residents meeting with the planner and engineer to come up with a plan dealing
with location of driveways, trail and utility easements.
Planner Dillerud explained once the street is vacated, the chance of getting it back is
gone. He said we never considered the closure of 55`11 street to be the same as the
vacation of it.
M/S/ DeLapp/Johnston — to adopt Resolution No. 2004-085 to approve the vacation of 5th
Street
M/S/P DeLapp/Johnston - to amend the motion with additional wording that the vacation
of 55th Street is subject to an acceptable plan dealing with delineation of trail, utility
easements, driveway location and costs. (Motion passed 4-0.)
M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-085 to approve the vacation of
55th Street subject to the amendment and submittal of a correct legal description.
(Motion passed 4-0).
Chip Longacre, Carol Palmquist/Vince Eilers, who have driveways on the north side, and
Gary Sloan will be representatives at the meeting.
B. Escrow Reduction: Whistling Valley Phase 1
In his memo dated September 29, 2004, the City Engineer reported that much of the work
on Whistling Valley 1 is complete. The final lift of paving and some minor clean up
items remain. The City engineer recommended reduction of the Letter of Credit.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 5
statements that don't require a hardship. We have to work with what we have in the Old
Village and set different standards for this area.
M/S/P DeLapp/Dunn - to adopt Resolution 2004-088 denying a side yard setback
variance to construct a new garage at 3385 Lake Elmo Avenue based on the Findings and
recommendation of the Planning Commission. (Motion passed 4-0.)
The City Council members were in agreement that full replacement of the existing garage
in place would be a better solution for the immediate area than repairing the existing
structure or removing the building replacement which would not correct the ordinances.
M/S/P DeLapp/Dunn — to direct staff to bring modifications to the setback ordinance that
would affect properties in the Old Village to the Planning Commission for a
recommendation. (Motion passed 4-0.)
E. Appointments to Planninc Commission
The Council interviewed six candidates for the two current Planning Commission
vacancies (1 Full Voting and 1 Alternate). Based on the City Attorney's advice, Council
member John's votes, via e-mail, could not be counted because he was not in attendance
for the vote. The Council made the following motion after completion of the ranking
process of the candidates.
M/S/P Dunn/DeLapp — to appoint Thomas P. Armstrong, 8280 15th Street N., as a Full
Voting Member of the Planning Commission. (Motion passed 3-1:Johnston)
M/S/P Dunn/DeLapp — to appoint Ben Roth, 10819 Third Street Place, as the Second
Alternate Member of the Planning Commission. (Motion passed 3-1: Johnston)
F. Ordinance No. 97-142: Old Village Moratorium
The City Planner advised the Council on September 21 that the Old Village Moratorium
expired during the first week of September. Of the three infrastructure investigation that
the Council directed before adopting the Old Village Comprehensive Plan amendment
that has been recommended by the Village Commission and Planning Commission, the
Surface Water Drainage remains to be completed by TKDA. The surface water work has
been on hold for several months pending the update of the Valley Branch Watershed
District Plan that is underway. That district plan update has not met the schedule that
was understood by the City. Staff has advised the City Engineer to proceed with the Old
Village Surface Water Plan without further waiting on the District's Plan. The City
Engineer has advised that 4-6 weeks would be required to complete hydrologic modeling,
and present a draft plan for the Old Village surface water handling.
The Planner reported he is aware of at least three owners of undeveloped property within
the Old Village Area that are interested in proceeding with development plans in a timely
manner.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 8
B. Annoint Replacement for Council.
Council member DeLapp said he would like to make modifications to city rules that
apply to appoint a replacement for City Council. Attorney Filla explained if the Council
member to be replaced has more than 2 years left on his term, the Council can hold a
special election. If the term is two years or less the Council can make an appointment or
hold a special election. If the vote for the appointment is a tied vote, the Mayor can vote
and break the tie.
12. CITY COUNCIL REPORTS:
Council member Johnston recommended reading the article written by Ryan Kathman on
the negotiations with the Met Council because Johnston thought this was a much more
comprehensive report.
Council member Dunn and Mayor Hunt met Vice President Cheney when he attended the
Machine Shed Restaurant in Lake Elmo
League of MN Cities booth; The Council will not have a booth at the League Conference
because it might be sending the wrong message to Peter Bell. The City Administrator
indicated there was good progress at the meeting with the Met Council representatives.
Adjourn meeting at 9:45 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No.
Resolution No.
Resolution No.
Resolution No.
CUP
Resolution No.
Resolution No.
2004-084 Approve Claims
2004-084 Assessments for proposed unpaid Municipal Utilities
2004-085 55th Street Vacation
2004-086 Tapesty at Charlotte's Grove Preliminary Plat, OP Stage Plan,
2004-087 Comprehensive Plan Amendment — Inwood Associates
2004-088 Deny Variance from sideyard setback Calvin Brookman
Ordinance 97-142 Old Village Moratorium Extend 12 months
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 10
Lake Elmo Agenda Section: Planning, Land Use & Zoning No. 9D
City Council PUBLIC INFORMATIONAL 3B.
October 19,
2004
NOVEMBER 3. 20(4
Agenda Item: Traffic Signal — Keats/North Ramps to I-94
Background Information for October 19, 2004:
Attached is an October 15 communication and attachments from Washington County regarding the
County's intent to apply for funding to install a traffic signal at the Keats/I-94 North ramps. No City cost
participation is proposed, but the City's endorsement of the project has been requested by the County.
I have attached the County communication and the graphic attachments, together with a draft Resolution in
the format suggested by the County for Council consideration.
Action items:
Oq`d
Motion to adopt Resolution 2004 - , endorsing the Washington
County traffic signal plan at Keats/I-94 North Ramp.
Person responsible:
City Planner
Attachments: Time Allocated:
1. County communication and graphics
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004-092
A RESOLUTION TO EXPRESS SUPPORT FOR THE COUNTY STATE AID
HIGHWAY (CSAH) 19 TRAFFIC SIGNAL SYSTEM PROJECT
AT THE I-94 NORTH RAMPS
WHEREAS, Washington County wishes to install a traffic signal system on
CSAH 19 at the intersection of I-94 North Freeway Ramps; and
WHEREAS, the project will be of mutual benefit to the Minnesota Department of
Transportation, Washington County, Lake Elmo and Woodbury; and
WHEREAS, Washington County is committed to providing the local share of the
costs if the project is selected as part of the FY 2006 Municipal Agreement Program; the
City of Lake Elmo will not be responsible for the local share; and
WHEREAS, Washington County is committed to completing the project if
selected and funding is provided as part of the FY 2006 Municipal Agreement Program;
and
NOW, THEREFORE, BE IT RESOLVED, that the City of Lake Elmo expresses
support for the CSAH19 Traffic Signal System Project at the I-94 North Ramps.
ADOPTED, by the Lake Elmo City Council on the 3rd day of November, 2004.
Lee Hunt, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Chuck Dillerud
From: Martin Rafferty
Sent: Friday, October 15, 2004 11:04 AM
To: Chuck Dillerud
Subject: FW: Local Support for CSAH 19 & 1-94 North Ramps Signal Project
Attachments:
Lake Elmo draft resolution.doc; CSAH 19 & I-94 North Ramps_2 Layout EXISTING.pdf; CSAH
19 & 1-94 North Ramps_2 Layout PROPOSED.pdf; CSAH 19 & I-94 North Ramps_2 Layoutl
(1).pdf; Header; Header
Lake Elmo draft CSAH 19 & I-94 CSAH 19 & I-94 CSAH 19 & I-94
resolution.doc... North Ramps_2 L... North Ramps_2 L... North Ramps_2 L...
this for comment and council action on Tuesday
Header(659 B)
Header (435 B)
Take a look at
Original Message
From: Jennifer Connover [mailto:Jennifer.Connover@co.washi_ngton.mn.us]
Sent: Friday, October 08, 2004 9:00 AM
To: martin.rafferty@lakelemo.org
Cc: Wayne Sandberg
Subject: Local Support for CSAH 19 & I-94 North Ramps Signal Project
Washington County is in a competitive process to fund needed projects.
Within the City of Lake Elmo, Washington County has a proposed project at the intersection
of CSAH 19 & the I-94 North ramps. The project would involve creating a dual left turn
and installing a signal. The on/off ramps would also be slightly modified.
Local support for projects is important in the selection process. In the attachments is a
sample of a resolution the the city council could use if they choose to show thier support
of the project. Note that the City of Lake Elmo will not be responsible for the local
cost share, as noted in the sample resolution.
The second attachment is the existing intersection. The third attachment is a partial
outline of the new intersection. The south leg will be modified to reflect what is shown
in the fourth attachment. The two drawings will be merged next week, but I thought you
might like to have all the information.
If you have any questions, please feel free to contact me through email or at
651-430-4328.
Thank you for you time in reviewing this project.
WASHINGTON COUNTY
DEPARTMENT OF TRANSPORTATION
& PHYSICAL DEVELOPMENT
11540 Mprcn Hog North
S011wNWr, Mlnnornle 55031
051-5304500 FAX 55H]0-1]54
Washington County
Department of Transportation
Local Initiative
Cooperative Agreement
Projects
Traffic Prof. No.:
6 80
PROPOSED
FIGURE 2
WASHINGTON COUNTY
DEPARTMENT OF TRANSPORTATION
& PHYSICAL DEVELOPMENT
IIBM %Imam Road North
BNWnsr, %InwwY smei
e61+104300 FAX 851.4304300
Washington County
Department of Transportation
Local Initiative
Cooperative Agreement
Projects
Traffic Prof. No.:
I
0
Existing
FIGURE 1
80
WASHINGTON COUNTY
DEPARTMENT OF TRANSPORTATION
&PHYSICAL DEVELOPMENT
MOO Myer. Road North
=watr. MInnestill
H14304300 FAX45143CA=
Washington County
Department of Transportation
Local Initiative
Cooperative Agreement
Projects
Revised - 11-19-03
0 80
PROPOSED
FIGURE 2
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004-093
A RESOLUTION CANVASSING THE RETURNS AND DECLARING
THE WINNERS OF THE 2004 LOCAL ELECTIONS
WHEREAS, the Lake Elmo City Council must meet within two days of a City
General Election to certify the results of the local election; and
WHEREAS, the following is the results of the City General Election as they
appear on the face of the election returns:
PRECINCT 1 PRECINCT 2 1 TOTAL
MAYOR
2-Year Tenn
Lee Hunt
Dean A. Johnston
Write -In Votes
Overvotes _
Undervotes
CITY COUNCIL
(2) 4-Year Terms
Liz Johnson
Susan Dunn
Charlie Schneider
Anne Smith
Write -In Votes
Overvotes
Undervotes
Pre -Registered
Election Day
Registration
TOTAL
Registered
TOTAL Voted
PERCENT VOTED
NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council
declares as elected as Mayor of the City of Lake Elmo, for a 2-year term,
by a majority vote of the registered voters of the City of Lake Elmo.
BE IT FURTHER RESOLVED, that the Lake Elmo City Council declares
and elected as Council members for 4-Year terms, by a
majority of the registered voters of the City of Lake Elmo.
ADOPTED, by the Lake Elmo City Council this 3rd day of November, 2004.
Lee Hunt, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
L/A
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004-094
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Nmnbers 224, 225, DD265 through DD273,
26356 through 26368, were used for Staff payroll dated October 28, 2004 , Claim
26369 through 26414 in the total amount of $85,160.38 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 2nd day of November, 2004.
Lee Hunt
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
Accounts Payable
Computer Check Proof List
User: administrator
Printed: 10/28/2004 - 3:39 PM
Invoice No Description
Vendor.ACEHARD Ace Hardware
02110211 Hockey Boards materials
Check Total:
VendorAIRGAS
105979406
VendorARAM
629-5576690
Vendor:ATTWI
023-2750230
Vendor:AVAYA
2158185331
Airgas North Central
1 Year Maint. Fee - Tanks
Check Total:
Axamark
Linen - City Hall
Check Total:
AT&T Wireless
Floater Phone - FD
Check Total:
AVAYA Inc.
Monthly Telephone Maint
Check Total:
Vendor:BATTERY Batteries Plus - MPLD #31
31-106742 Batteries - Fire Dept
Check Total:
Vendor:BRYAN
14108
Bryan Rock Products, Inc.
Street Main. rocks
Check Total:
AP - Computer Check Proof List (10/28/2004 - 3:39 PM)
SPR NGB
-IF IWAR E
Amount Payment Date Acct Number
Check Sequence: 1
60.10 11/02/2004 101-450-5200-42250
60.10
11.92 11/02/2004
11.92
Check Sequence: 2
101-430-3100-44040
Check Sequence: 3
52.37 11/02/2004 101-410-1940-44010
52.37
Check Sequence: 4
20.41 11/02/2004 101-420-2220-43210
20.41
Check Sequence: 5
150.36 11/02/2004 101-410-1940-44040
150.36
Check Sequence: 6
43.33 11/02/2004 101-420-2220-42210
43.33
Check Sequence: 7
336.92 11/02/2004 101-430-3100-42240
336.92
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
Page 1
Invoice No Description Amount Payment Date Acct Number Reference
Vendor:CARQUEST Car Quest Check Sequence: 8 ACH Enabled: No
D359219 Oil and Fuel Filters for Public Works 60.36 11/02/2004 101-430-3100-42210
Check Total: 60.36
Vendor:COLLYA BonnieCollyard Check Sequence: 9 ACH Enabled: No
Emp. Claim Fire prey. materials 163.94 11/02/2004 101-420-2220-42090
Check Total: 163.94
Vendor:DAHLG Dahlgren Shardlow and Uban Check Sequence: 10 ACH Enabled: No
25268 Fire Services Analysis 125.00 11/02/2004 101-420-2220-44300
Check Total: 125.00
Vendor:FARNPLN Farm Plan Check Sequence: 11 ACH Enabled: No
1073569 Parts - Roller RF74 274.84 11/02/2004 101-450-5200-42210
Check Total: 274.84
Vendor:Foreman Foreman FireService & Repair Check Sequence: 12 ACH Enabled: No
04125 Mount Fire Ext., Tile under bladder bags 228.20 11/02/2004 101-420-2220-45800
Check Total: 228.20
Vendor:FOREST FORESTRY SUPPLIERS, INC. Check Sequence: 13 ACH Enabled: No
852928-00 Fire Brooms 47.70 11/02/2004 101-420-2220-42400
Check Total: 47.70
VendorFOUR Four Seasons Service Check Sequence: 14 ACH Enabled: No
23-037631 City Hall Supplies 57.77 11/02/2004 101-410-1940-44300
Check Total: 57.77
Vendor:FXL FXL, Inc. Check Sequence: 15 ACH Enabled: No
November 2004 Assessing Svcs. -November 2004 1,700.00 11/02/2004 101-410-1550-3100
Check Total: 1,700.00
Vendor. GENESIS Next Genesis Productions Check Sequence: 16 ACH Enabled: No
IVC00124 Software Maint 100.00 11/02/2004 101-410-1520-43180
IVC00140 Repair -Server 150.00 11/02/2004 101-410-1520-43180
IVC00140 Printer - Greg - FD 314.63 11/02/2004 101-420-2220-42400
WC00155 Upgrade Firewall Software - FD 150.00 11/02/2004 101-420-2220-44300
AP - Computer Check Proof List (10/28/2004 - 3:39 PM) Page 2
Invoice No
Vendor.HENNCOL
6146
Vendor:HUMANE
07/01-09/30
Vendor:I-STATE
27102
Vendor:Johnson
November 2004
Vendor:LINDVENN
290733-0840
Vendor.MALMQ
Emp. Claim
Emp. Claim
Vendor:MENARDSO
63624
63624
Vendor:METROCA
01873053
Description
Check Total:
Hennepin Technical College
Fire school - Greg M.
Check Total:
Humane Society Companion Animl
Impounding
Check Total:
I -STATE TRUCK CENTER
New ECU and install - FL80
Check Total:
Johnson Construction
Rental - Storage #12 - Fire Dept
Check Total:
Lindquist & Vennum
Legal Services through 09/2004
Check Total:
GregMalmquist
MN Fire Chiefs Conf- Greg M.
Atomic Clock
Check Total:
Menards - Oakdale
Furring Strip
Thermostat
Check Total:
Metrocall Inc.
Pagers - Fire Dept.
Check Total:
VendotMID-MN W MID-MINNESOTA WIRE & MFG
INV0401375 Shelves for Hose rack
Amount Payment Date Acct Number
714.63
Check Sequence: 17
70.00 11/02/2004 101-420-2220-44370
70.00
3,577.40 11/02/2004
3,577.40
Check Sequence: 18
101-420-2700-43160
Check Sequence: 19
3,596.36 11/02/2004 101-420-2220-44040
3,596.36
Check Sequence: 20
90.00 11/02/2004 101-420-2220-44120
90.00
Check Sequence: 21
8,147.00 11/02/2004 101-410-1940-43020
8,147.00
327.42 11/02/2004
26.11 11/02/2004
353.53
63.37 11/02/2004
14.90 11/02/2004
78.27
Check Sequence: 22
101-420-2220-44370
101-420-7720-42400
Check Sequence: 23
101-430-3100-42240
101-430-3100-42230
Check Sequence: 24
86.21 11/02/2004 101-420-2220-43210
86.21
Check Sequence: 25
78.42 11/02/2004 101-420-2220-45800
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
AP - Computer Check Proof List (10/28/2004 - 3:39 PM) Page 3
Invoice No
Description
Check Total:
Vendor:MNNAT MN Dept of Natural Resources
MN-RFD-175 Shovels, backpacks, swatters
Check Total:
Vendor.MNRURAL MN Rural Water Association
2005 Membership Membership
Check Total:
Amount Payment Date Acct Number
78.42
Check Sequence: 26
352.04 11/02/2004 101-420-2220-42400
352.04
Check Sequence: 27
195.00 11/02/2004 601-494-9400-44370
195.00
Vendor:NEXTEL Nextel Communications Check Sequence: 28
761950227-019 Wireless Service - MR and Office 75.83 11/02/2004 101-410-1940-43210
761950227-019 Wireless Service - Bldg Dept 32.58 11/02/2004 101-420-2400-43210
761950227-019 Wireless Service - Public Works Dept 48.87 11/02/2004 101-430-3100-43210
761950227-019 Wireless Service -Parks 16.29 11/02/2004 101-450-5200-43210
Check Total: 173.57
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
Vendor:NOBLE Noble Seasonal Lighting, Inc. Check Sequence: 29 ACH Enabled: No
1784 Christmas Lights 51.06 11/02/2004 101-410-1320-44300
Check Total: 51.06
Vendor:PRESS StevenPress Check Sequence: 30 ACH Enabled: No
10/13-10/25 Cable operator for Oct 13,19,25 120.00 11/02/2004 101-410-1320-43620
Check Total: 120.00
Vendor:QWEST Qwest Check Sequence: 31 ACH Enabled: No
651714-2209 456 Telephone - Hudson Lift Station 35.82 11/02/2004 602-495-9450-43210
Check Total: 35.82
Vendor.RA-MAR RA -MAR PLUMBING INC Check Sequence: 32 ACH Enabled: No
08236 Electric Water Heater 245.00 11/02/2004 101-430-3100-44040
08236 Electric Water Heater 245.00 11/02/2004 101-420-2220-44040
Check Total: 490.00
Vendor:REED Reed Business Information Check Sequence: 33
2717682 Ad- Sweeper Sale 49.66 11/02/2004 101-410-1320-43510
Check Total: 49.66
ACH Enabled: No
AP - Computer Check Proof List (10/28/2004 - 3:39 PM) Page 4
Invoice No
Vendor:Reserve
20313037
Vendor:RUD
10/18-10/27
10/19-10/28
Description
Pitney BowesReserve Account
Postage - Reserve Account
Check Total:
DianePrince-Rud
Cleaning City Hall
Cleaning Fire Hall
Check Total:
Vendor:SATELLIT Satellite Shelters, Inc.
24180614 Bldg. Dept. Trailer Office - Mo. Rental
Check Total:
Vendor:SCHWARZ
Permit2861
Permit 3604
VendocSEH
0119775
Vendor:SPRINT
0526076028-3
Vendor.SYmbol
0039793-IN
Vendor:TKDA
200400001588
200400001589
200400001589
200400001589
200400001589
200400001589
200400001589
200400001589
Schwarz Construction
Deposit refund - 8623 27th Str.
Deposit refund - 8570 27th Str.
Check Total:
Short Elliott Hendrickson, Inc
Comp. Trail Plan Dev.
Check Total:
Sprint
Wireless laptop - Fire Dept.
Check Total:
Symbol Arts
Bagde
Check Total:
TKDA, Inc.
VFW Ballfield Lights
See breakdown
55th Street Vacation
New City Hall
Water sys Interconnect and Exp.
Septic Sys - Sunfish Lk, Old Village
45th St Pond
See Breakdown
Amount Payment Date Acct Number
Check Sequence: 34
250.00 11/02/2004 101-410-1320-43220
250.00
240.00 11/02/2004
240.00 11/02/2004
480.00
Check Sequence: 35
101-410-1940-44010
101-420-2220-44010
Check Sequence: 36
319.50 11/02/2004 101-420-2400-44120
319.50
1,000.00 11/02/2004
1,000.00 11/02/2004
2,000.00
Check Sequence: 37
803-000-0000-22900
803-000-0000-22900
Check Sequence: 38
4,800.00 11/02/2004 404-480-8000-43050
4,800.00
Check Sequence: 39
37.28 11/02/2004 101-420-2220-43210
37.28
Check Sequence: 40
72.50 11/02/2004 101-420-2220-44170
72.50
101.48 11/02/2004
2,395.88 11/02/2004
74.75 11/02/2004
2,045.76 11/02/2004
1,225 62 11/02/2004
761.07 11/02/2004
152.20 11/02/2004
3,320.50 11/02/2004
Check Sequence: 41
404-480-8000-43030
101-410-1930-43030
409-480-8000-43030
410-480-8000-43030
601-494-9400-43030
602-495-9450-43030
602-495-9450-43030
803-490-9070-43030
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 (10/28/2004 - 3:39 PM) Page 5
Invoice No Description Amount Payment Date Acct Number Reference
200400001590 Meeting attendance 200.00 11/02/2004 101-410-1930-43030
200400001606 MSA 311.94 11/02/2004 402-480-8000-43030
200400001607 Hill Trail Overlay 1,725.07 11/02/2004 409-480-8000-43030
200400001617 Surface Water Mgmt Plan & MS4 4,438.91 11/02/2004 603-496-9500-43030
200400001618 Water System Study 435.60 11/02/2004 601-494-9400-43030
200400001646 Water System Interconnection 935.98 11/02/2004 601-494-9400-43030
Check Total: 18,124.76
Vendor:TRKUTI Truck Utilities Check Sequence: 42 ACH Enabled: No
0133283 Couplers and Nipples 73.55 11/02/2004 101-430-3100-42210
Check Total: 73.55
Vendor:Twin Saw Twin City Saw Co. Check Sequence: 43 ACH Enabled: No
A10462 Shop Supplies 349.95 11/02/2004 101-450-5200-42150
Check Total: 349.95
Vendor: WAS -AG Washington Cty Agricultural So Check Sequence: 44 ACH Enabled: No
Donation Donation for use of Cty Fairgrounds 100.00 11/02/2004 101-420-2220-42090
Check Total: 100.00
Vendor. WORKWELL Workwell Occupational Health Check Sequence: 45 ACH Enabled: No
057919 Physicals - Fire Dept. 716.00 11/02/2004 101-420-2220-43050
Check Total: 716.00
Vendor:XCEL Xcel Energy Check Sequence: 46 ACH Enabled: No
0073-736-544289 3014 Jamley Ave 22.56 11/02/2004 101-430-3100-43810
Check Total: 22.56
Total for Check Run: 48,938.29
Total Number of Checks: 46
AP - Computer Check Proof List (10/28/2004 - 3:39 PM) Page 6
Lake Elmo Agenda Section: CONSENT No . 4B
City Council
11-03-2004
Agenda Item: Certification of the Special Assessment for Hill Trail50th Street Reconstruction & 2004
Street Overlay Project
Background Information for October 05, 2004:
Attached, please find two Resolutions # 2004-095 and 2004-096 respectively certifying the assessment roll for the
Hill Trail/50th Street Reconstruction and the 2004 Street Overlay Project. Such assessments shall be payable in equal
annual installments extending over a period of ten years for Hill Trail/50`h Street Reconstruction and five years for the
2004 Overlay project and shall bear interest at the rate of 5.25 percent per annum from the date of the adoption of this
assessment resolution.
Action Items:
Attachments:
1) Motion to approve Resolution # 2004-095
assessment certification of the Hill Trail/
50`h Street Reconstruction.
2) Motion to approve Resolution # 2004-096
for the assessment certification of the 2004
Street Overlay Project.
1. Resolution # 2004-095
2. Resolution # 2004-096
Person responsible:
Tom Bouthilet
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004 — 095
RESOLUTION AUTHORIZING CERTIFICATION TO
WASHINGTON COUNTY AUDITOR FOR
HILL TRAIL/50TH STREET RECONSTRUCTION
WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision
to certify Street Assessments to the County Auditor for collection with taxes payable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, MINNESOTA, THAT:
1. The list of properties to be assessed, a copy of which is attached hereto as
Exhibit A, and made a part hereof, is hereby accepted and shall be certified to
the Washington County Auditor for collection with taxes payable.
2. The certified amount shall be payable over a period of ten (10) years, in equal
annual installments with interest as provided in Exhibit A.
3. The owner of the property may, at any time pay to the City of Lake Elmo the
entire unpaid amount of the assessment with interest accrued to December 31
of the year in which such payment is made. Such payment must be made
before November 15 or interest will be charges through December 31 of the
succeeding year.
4. The City Administrator shall forthwith transmit a certified duplicate of Exhibit
A to the County Auditor to be extended on the property tax lists of Washington
County. Such assessments shall be collected and paid over in the same
manner as other municipal taxes.
ADOPTED, but the Lake Elmo City Council on the 3rd day of November, 2004.
Lee Hunt, Mayor
ATTEST:
Martin Rafferty, City Administrator
As of 10/28/2004
Term 10 Years
GEOCODE
05-029-21-44-0040
04-029-21-33-0044
04-029-21-33-0026
05-029-21-44-0039
05 029 21 44-0038
04-029-21-33-0027
05 029 21 44 0035
04-029-21-33-0042
05-029-21-44-0032
05 029 21 44 0033
05-029-21-44-0028
05 029 21 44-0021
04-029-21-33-0039
05-029-21-44-0023
04-029-21-33-0010
04-029-21-33-0003
04-029-21-33-0038
05 029 21 44 0015
05-029-21-44-0016
04-029-21-33-0018
04-029-21-33-0035
04-029-21-33-0036
04-029-21-33-0017
04-029-21-33-0015
09-029-21-22-0010
09-029-21-22-0013
09-029-21-22-0011
08-029-21-11-0009
09-029-21-22-0014
09-029-21-22-0015
09-029-21-22-0009
09-029-21-22-0017
09-029-21-22-0008
09-029-21-22-0007
09-029-21-22-0003
09-029-21-22-0024
09-029-21-22-0004
09-029-21-22-0006
09-029-21-22-0005
09-029-21-22-0002
09-029-21-22-0008
09-029-21-22-0003
05-029-21-44-0024
04-029-21-33-0030
09-029-21-22-0012
Interest 5.25% per a
First Name
James & Deborah
Jamie & Mary
David
Timothy & Kathleen
Pauline
Susan & Joel
Daniel & Joan
Susan & Joel
Allen & Veronica
Rodney & Dolores
Roger
Selmer & Lois
Jeff & Kelly
Rollene & Dorothea
Carl & Judith
Michael & Maura
Thomas & Colleen
David Brown
Michael & Maura
Mark & Michelle
Louis
Roger & Mary
Daniel
Christopher
Steven & Vickie
William
Bonnie
Isaacson Children's
Thomas
Richard & Frances
Bradley & Amy
Richard & Karen
Michael & Ruth
James
Donald
Carrie
Jacqueline
Patrick & Kathleen
Nicholas & Lind
Stephen
William & Karen
Frederick
Roger & Candice
Roger & Candice
Jerry
City of Lake Elmo
Hill Trail 50th Street
Assessments
Exhibit A
nnum
Last Name
Tierney
Stoudt
Esch
Gennrich
Malon
Barker
Lindstrom
Barker
Siedle
Harvey
Diedrich
Olson
Reed
Arndt
Abrahamson
Severin
Sweno
Mary Bunde
Severin
Deziel
Le Mire
Kostelnik
Burgess
Smith
Iverson
Isaacson
Weisbrod
Property
Walsh
Ryan
Gustafson
Nelson
Schrantz
Marchio
Wackerfuss
Berg
Hubenette
Sinclair
Linsmayer
Butzer
Welter
Paul
Johnson
Johnson
Lemire
Address
7978 Hill Trail N.
8012 Hill Trail N.
8032 Hill Trail N.
7972 Hill Trail N.
7962 Hill Trail N.
8034 Hill Trail N.
7959 Hill Trail N.
8038 Hill Trail N.
7951 Hill Trail Ct N.
7949 Hill Trail N.
7934 Hill Trail N.
7920 Hill Trail N.
8056 Hill Trail N.
7931 Hill Trail N.
8061 Hill Trail N.
8012 50th Street N.
8076 Hill Trail N.
7990 50th Street N.
8004 50th Street N.
2783 Legion Ave N.
8084 Hill Trail N.
8098 Hill Trail N.
8085 Hill Trail N.
8036 50th Street N.
8108 Hill Trail N.
8017 50th Street N.
8111 Hill Trail N.
8017 50th Street N.
8027 50th Street N.
8033 50th Street N.
8120Hill Trail N.
8123 Hill Trail N.
5831 Hytrail Ave N.
8130 Hill Trail N.
8148 Hill Trail N.
8151 Hill Trail N.
8160 Hill Trail N.
8164 Hill Trail N.
8170 Hill Trail N.
8180 Hill Trail N.
8181 Hill Trail N.
8186 Hill Trail N.
8048 Hill Trail N.
8048 Hill Trail N.
8051 50th Street N.
Assessed Balance
Amount Interest Due
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$1,250.00 $1,250.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $1,875.00
$2,500.00 $1,875.00
$2,500.00 $2,500.00
45 $111,250.00 $110,000.00
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2004 — 096
RESOLUTION AUTHORIZING CERTIFICATION OF
ASSESSMENTS TO WASHINGTON COUNTY AUDITOR FOR
2004 OVERLAY PROJECT
WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision
to certify Street Reconstruction Assessments to the County Auditor for collection with
taxes payable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO, MINNESOTA, THAT:
1. The list of properties to be assessed, a copy of which is attached hereto as
Exhibit A, and made a part hereof, is hereby accepted and shall be certified to the
Washington County Auditor for collection with taxes payable.
2. The certified amount shall be payable over a period of Five (5) years, in equal
annual installments with interest as provided in Exhibit A.
3. The owner of the property may, at any time pay to the City of Lake Elmo the
entire unpaid amount of the assessment with interest accrued to December 31
of the year in which such payment is made. Such payment must be made
before November 15 or interest will be charges through December 31 of the
succeeding year.
4. The City Administrator shall forthwith transmit a certified duplicate of Exhibit
A to the County Auditor to be extended on the property tax lists of Washington
County. Such assessments shall be collected and paid over in the same
manner as other municipal taxes.
ADOPTED, but the Lake Elmo City Council on the 3rd day of November, 2004.
Lee Hunt, Mayor
ATTEST:
Martin Rafferty, City Administrator
2004 Street Overlay
Asessments
Exhibit A
As of 10/28/2004
Term 5 Years
Geo Code
10-029-21-22-0022
10-029-21-21-0012
10-029-21-21-0014
10-029-21-21-0013
10-029-21-21-0015
10-029-21-21-0009
10-029-21-21-0010
10-029-21-21-0016
10-029-21-22-0021
3-029-21-33-0017
10-029-21-22-0018
10-029-21-21-0021
10-029-21-21-0022
Interest 5.25% per annum
First Name Last Name
Eric & Sarah Larson
Michael A & Perpetu McDonald
Steven & Paula Wood
Christopher & Monique Kolb
James Merit & Rudeen Darst
Bruce & Sandy Callen
Dennis & Carol Larson
Tin & Jennifer Tran
David & Mary Johnson
Helmut & Joan Porcher
Richard Carmon & Ann Hawkins
Chester & Mary Pat Moutrie
Dennis & Barbara Markie
Total
Number
9191
9389
9387
9393
9379
9381
9395
4980
4990
4850
4855
4865
Street
49th Street
Jane Circle N.
Jane Circle N.
Jane Circle N.
Jane Circle N.
Jane Circle N.
Jane Circle N.
Jane Circle N.
Jasper Ave N.
Jasper Ave N.
Jasper Ave N.
Jerome Ave N.
Jerome Ave N.
Amount Assessed
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$611.00
$1,222.00
$1,222.00
Balance
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$1,222.00
$611.00
$1,222.00
$1,222.00
$15,275.00 $15,275.00
$0.00
Lake Elmo Agenda Section: FINANCE No . 5A
City Council
11-03-2004
Agenda Item: Brokerage Investment Account
Background Information for October 05. 2004:
Attached, please Corporate Resolution # 2004-097 authorizing the City to open an investment account with
Pershing LLC through Northland Securities, Inc. The City would like the opportunity to consider the option of
utilizing Pershing LLC / Northland Securities, Inc for the purpose of' investing the Bond proceeds. They are
already familiar with our future plans for these funds and perhaps could design an investment strategy to yield
the best return on our investment. This resolution only authorizes the use of the investment company and should
be noted the City has not made a final determination on the financial investment company that will be utilized.
Action Items:
Attachments:
1) Motion to approve Corporate Resolution
No. 2004-097 authorizing an investment
account with Pershing. LLC
1. Resolution # 2004-097
Person responsible:
Tom Bouthilet
CORPORATE RESOLUTION
FOR
BROKERAGE INVESTMENT ACCOUNT
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY
OF LAKE ELMO, MINNESOTA
HELD. November 3, 2004
Pursuant to due call and notice thereof, a regular meeting of the City Council (the
Council) of the City of Lake Elmo (the City), Washington County, Minnesota, was duly
called and held at the City Hall in the City on Wednesday, November 3, 2004, at 7:00 p.m.
The following members were present:
Lee Hunt, Steve DeLapp, Susan Dunn, Wyn John, Dean Johnston
And the following were absent:
Member
its adoption:
introduced the following resolution and moved
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 2004 — 097
RESOLUTION AUTHORIZING AN INVESTMENT ACCOUNT WITH PERSHING
LLC
BE IT RESOLVED by the City Council (the "Council") of the City of Lake Elmo,
Minnesota, (the "City") as follows:
Section 1: Recital.
1.01. The City, pursuant to Minnesota Statutes, Sections 118A.01 through 118A.08,
has authority to invest "Public Funds" as defined in Minnesota Statutes, Section 118A.01(4)
1.02. Public Funds may be invested in the manner and in the securities detailed in
Minnesota Statues, Sections 118A.04 and 118A.05.
1.03. Minnesota Statutes, Section 118A.02(1) permits the City Council to authorize
the treasurer or chief financial officer to make investments.
1.04. The City of Lake Elmo is a "government Entity" as defined in Minnesota
Statutes, Section 118A.01 (2).
1.05. Subject to compliance with Minnesota Statutes, Section 118A.04 (9), the
treasurer or chief financial officer may purchase securities through a broker -dealer.
Section 2: Approval of Account/Investments.
2.01. The Financing Director, who is the City's "treasurer or chief financial
officer", is authorized to open and maintain an investment account with Pershing LLC
through Northland Securities, Inc. ("NSI"), and any Pershing or NSI affiliate, subsidiary, or
successor corporation, for the purpose of buying and selling such securities as may be
permitted by Minnesota Statutes, Sections 118A.01 through 118A.08. The trading of
options, trading on margin, and selling short is not authorized.
2.02. The or any duly appointed deputy thereto is
authorized to act on behalf of the City with respect to the Pershing/NSI investment accounts
without any limitations. This authority includes, but is not limited to, the authority to open
and close investment accounts, to execute documents on behalf of the City, to order
securities transactions, to order assignment or transfer of securities and distribution of
proceeds, and to otherwise make investment decisions on behalf of the City with
respect to any investments or investment accounts.
2.03. That Pershing/NSI and all transfer agents are authorized to rely upon the oral
or written instructions of the without further inquiry
into that person's authority to act on behalf of the City. Furthermore, Pershing/NSI and all
transfer agents may continue to exercise such reliance until the City provides Pershing/NSI
with a certified copy of a resolution of the City revoking or modifying this resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon voted being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted on
STATE OF MINNESOTA
)SS
COUNTY OF
I, the undersigned, being the duly qualified and acting City Clerk of the City of Lake
Elmo, County, Minnesota, DO HEREBY CER11hY, that I have carefully compared
the preceding extract of minutes of a meeting of the City Council of said City held on the date
therein indicated with the original minutes thereof on file in my office and that the same is a full,
true and correct transcript thereof insofar as said minutes relate to the topic described in the title
of the resolution set forth in the extract.
WITNESS my hand officially and the official seal of the City on
City Clerk
(SEAL)
Lake Elmo
City Council
November 3,
2004
Agenda Section: Planning, Land Use & Zoning No. 9A
Agenda Item_ CDBG Sub -recipient Contract — 2004/2005
Backeround Information for November 3, 2004:
The City has finally received the draft contract covering the $48,200 CDBG grant to the City for CDBG
fiscal year 2004/2005. (July 1, 2004 to June 30, 2005) These grant funds will be utilized to provide City
grants to income -qualified Cimarron Neighborhood residents for total replacement of natural gas services
from the meter in. The 2004 Gas Service Inspection Project detected numerous cases both deteriorating and
improperly installed gas service piping/valving from the sample of units inspected (the oldest 40% of the
505 units at Cimarron). Based on those inspection outcomes, the Community Improvement Commission has
recommended redirection of the program from continued inspections of the remaining (newer) units to
immediate correction of the issues detected in the units already inspected.
The 15 page draft sub -recipient contract is mostly the certifications and assurances required in any Federal
contract. The only portion of the contract specific to the Lake Elmo program in is found on Page 11. Note
the two modifications proposed by City Staff.
Action items:
1. Motion to approve the 2004/2005 CDBG sub -recipient
contract with Washington County and to authorize the
Mayor and City Administrator to execute the same.
Attachments:
1. Draft Contract
2. Community Improvement Commission Minutes of August
10, 2004
ible:
Time Allocated:
DRAFT
r"'YIMUNITY IMPROVEMENTS COMMISSION
ECIAL MEETING MINUTES
TUESDAY, AUGUST 10, 2004 @ 7:15PM
The meeting was called to order at 7:15 PM. Commission members in attendance were Jill Anderson,
>tacy Howieson, Debbie Lyzenga, Anne Smith, and Joan Ziertman. Marty Rafferty; City Administrator,
shuck Dillerud; City Planner, and Dean Johnston; Councilmember, were also in attendance.
The purpose of the meeting was to discuss alternate proposals for spending the currently allocated
;DBG funds of approximately $48,000. During the last CIC meeting a motion was passed to discontinue the
asline inspection program in Cimarron, thus the need to discuss alternative CDBG fund spending.
Debbie brought a piece of gasline that had been removed from one of the original movillas in
;imarron, due to degradation. The pipe demonstrated the degree of deterioration present in many of the
omes, and suggested by the preliminary inspections done by Mobile Home Improvement. Following this
emonstration, Debbie expressed that despite the question of sufficient funding, the issue of gasline
eplacement needed to be pursued. Debbie proposed that a new program and ordinance be developed to
7andate that all gaslines be replaced on all homes within guidelines to be developed by Chuck Dillerud.
Chuck Dillerud informed the Commission members that the potential for additional funding now
xisted, and that he would investigate that possibility. Given the time constraints imposed by the current
;C 3 funding, Chuck Dillerud will develop the new ordinance, pursue funding options, and complete
:acts with Washington County to move this new program forward as soon as possible.
Anne made the motion directing Chuck Dillerud to take the steps discussed to get the new program
nder way. Jill seconded the motion, and it carried 5 to 0.
Chuck Dillerud will report back to the Commission as soon as possible, and present a new ordinance
roposal to the City Council.
Meeting adjourned at 7:45 PM.
Meeting minutes by Deborah Lyzenga; Chair
Community Development Block Grant Program
Subgrantee Agreement between
Washington County and the City of Lake Elmo
This Agreement is made and entered into this day of in furtherance of the requirements of
the Federal Community Development Block Grant (CDBG) Program by and between Washington County,
hereinafter referred to as the "Grantee," and the City of Lake Elmo, 3800 Laverne Avenue, Lake Elmo, MN,
55042, hereinafter referred to as the "Subgrantee."
WHEREAS, the Grantee is the administering agency for funds received from the United States Government
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, to Washington
County as an Urban Entirtlernent County under the Community Development Block Grant (CDBG) Program;
and
WHEREAS, the Grantee wishes to engage the Subgrantee to assist the Grantee in utilizing such funds; and
WHEREAS, the Subgrantee wishes to implement a project known as Lake Elmo Gas Service Inspections
utilizing $48,200.00 of 2004 CDBG funds.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
Grantee and Subgrantee agree as follows:
1. Term. Services of the Subgrantee shall start on the first day of October, 2004 and end on the last day of
December, 2005.
2. Commencement and Termination of Projects. Upon release of project -related funds by the U.S.
Department of Housing and Urban Development (HUD), pursuant to federal regulations, the Grantee
shall furnish the Subgrantee with written notice to proceed. No work on the project shall occur prior to
the notice to proceed without written approval from the Grantee. Costs incurred after the termination
date will not be reimbursed. The termination date may be changed through amendment of this
Agreement.
3. National Objectives. The Subgrantee certifies that the activities carried out with funds provided under
this Agreement will meet one or more of the CDBG program's national objectives, as defined in 24 CFR
part 570.208, including: (1) benefit low and moderate income persons; (2) aid in the prevention or
elimination of slums and blight; and (3) meet community development needs having a particular
urgency.
4. Federal and Local Program Compliance. The Subgrantee agrees to comply with the Housing and
Community Development Act of 1974, Public Law 93-383 as amended, and Implementing Regulations
at 24 CFR part 570. The Subgrantee agrees to perform all the tasks enumerated below in a manner that
will meet or exceed the terms and conditions imposed upon the Grantee in administering the CDBG
program and ensure program compliance with applicable Federal regulations:
4.1 Citizen Participation. Cornply with all HUD citizen participation requirements (24 CFR 570).
4.2 Procurement Standards. In awarding contracts pursuant to this Agreement, the Subgrantee shall
comply with all applicable requirements of local and state law for awarding contracts, including but
not limited to procedures for competitive bidding, contractor's bonds, and retained percentages. In
addition, the Subgrantee shall comply with the requirements of the U.S. Office of Management and
Budget Circular A-102 or A-110 as appropriate, relating to bonding, insurance and procurement
standards; with Executive Order 11246 regarding nondiscrimination bid conditions for projects
1
over Ten Thousand dollars ($10,000.00); and with HUD procurement requirements, as described in
24 CPR part 85.36. Where federal standards differ from local or state standards, the stricter
standards shall apply.
4.3 Environmental Review.
4.3.a National Environmental Policy Act. The Grantee retains environmental review
responsibility for purposes of fulfilling requirements of the National Environmental Policy
Act as implemented by HUD Environmental Review Procedures (24 CFR part 58). The
Grantee may require the Subgrantee to fumish data, information and assistance for the
Grantee's review and assessment in determining whether an Environmental Impact
Statement must be prepared.
4.3.b State Environmental Policy Act. Subgrantees that are branches of government under
Minnesota Law retain responsibility for fulfilling the requirement of the State Law
regarding environmental policy and conservation, and regulations and ordinances adopted
thereunder. If the agency is not a branch of govemment under Minnesota Law, the Grantee
may require the agency to furnish data, information and assistance as necessary to enable
the Grantee to comply with the State Environmental Policy Act.
4.3.c Satisfaction of Environmental Requirements. Project execution under this Agreement by
either the Grantee or the Subgrantee shall not proceed until satisfaction of all applicable
requirements of the National and State Environmental Policy Acts. A written notice to
proceed will not be issued by the Grantee until all such requirements have been met.
4.4 Non -Discrimination. The Subgrantee shall comply with all federal, state and local laws prohibiting
discrimination on the basis of age, sex, sexual orientation, marital status, race, creed, color, national
origin, or the presence of any sensory, mental or physical handicap or any other basis now or
hereafter prohibited by Law. These requirements are specified in Section 109 of the Housing and
Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of
1964, Title VII; Executive Orders 11063 and 11246; and Section 3 of the Housing and Urban
Development Act of 1968. Specifically, the Agency is prohibited from taldng any discriminatory
actions defined in the HUD Regulations at 24CFR 570.602 Section 109 and shall take such
affirmative and corrective actions as are required by the Regulations at CFR 570.602. These
requirements are summarized in the following paragraphs:
4.4.a Program Benefit. The Subgrantee shall not discriminate against any resident of the project
service area by denying benefit from or participation in any block grant funded activity on
the basis of race, color, sex, sexual orientation, or national origin. (Civil Rights Act of
1964, Title VI; Civil Rights Act of 1964, Title VII; Section 109, Housing and Community
Development Act of 1974)
4.4.b Fair Housing. The Subgrantee shall take necessary and appropriate actions to prevent
discrimination in federally assisted housing and lending practices related to loans insured or
guaranteed by the federal government. (Civil Rights Act of 1964; Executive Order 11063)
4,4.c Emnlovment. The Subgrantee shall ensure that compliance with Section 3 of the Housing
and Community Development Act Women and Minority Business requirements, Federal
Equal Employment Opportunity Act, Executive Orders, and Civil rights Act of 1964, is
maintained.
(1) In all solicitation under this Agreement, the Subgrantee shall state that all qualified
applicants will be considered for employment. The words "equal opportunity
employer" in advertisements shall constitute compliance with this section.
2
(2)
(3)
The Subgrantee shall not discriminate against an employee or applicant for
employment in connection with this Agreement because of age, marital status, race,
creed, color, national origin, or the presence of any sensory, mental or physical
handicap, except when there is a bona fide occupational limitation. Such action shall
include, but not be limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training. (Executive Order 11246, as
amended.)
To the greatest extent feasible, the Subgrantee shall provide training and employment
opportunities for lower income residents within the area served by block grant assisted
projects. (Section 3, Housing and Community Development Act of 1968, as amended)
4.4.d Contractors and Sunnliers.
(1)
No contractor, subcontractor, union or vendor engaged in any activity under this
Agreement shall discriminate in the sale of materials, equipment or labor on the basis
of age, sex, sexual orientation, marital status, race, creed, color, national origin, or the
presence of any sensory, mental, or physical handicap. Such practices include
upgrading, demotion recruiting, transfer, layoff, termination, pay rate, and
advertisement for employment. (Executive Order 11246, as amended)
(2) All firms and organizations described above shall, upon request, be required to submit
to the Subgrantee certificates of compliance demonstrating that they have, in fact,
complied with the foregoing provisions, provided that certificates of compliance shall
not be required from firms and organizations on contracts and/or yearly sales of less
than $10,000.
(3)
To the greatest extent feasible, the Subgrantee shall purchase supplies and services for
activities under this Agreement from vendors and contractors whose businesses are
located in the area served by block grant funded activities or owned in substantial part
by project area residents. (Section 3, Housing and Community Development Act of
1968, as amended)
4.4.e Notice. The Subgrantee shall include the provisions of the appropriate preceding
subsections a, b, c and d of this section in every contract or purchase order for goods and
services under this Agreement and shall send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding a notice advising the said labor union or worker's representative of the
commitments made in these subsections. In advertising for employees, goods or services
for activities under this Agreement, the Subgrantee shall utilize minority publications in
addition to publications of general circulation.
4.5 Labor Standards.
4.5.a The Subgrantee shall request wage determination from the Grantee or HUD on all projects
in which Davis -Bacon requirements apply. The Subgrantee shall require that project
construction contractors and subcontractors pay their laborers and mechanics at wage rates
in accordance with the Davis -Bacon Act, as amended (40 USC Sections 327-333) and the
Regulations at 24 CFR part 42 and 49 CFR part 24, provided that this section shall not apply
to rehabilitation or residential property designed for residential use by fewer than eight
families.
3
4.5.b A copy of the current Davis -Bacon wage rate and HUD forms 4010 and 92010 must be
included in all construction bid specs and contracts over Two Thousand ($2,000.00) dollars.
4.5.c The Subgrantee shall conduct all preconstruction conferences to ensure contractors and
subcontractors are aware of Davis -Bacon requirements and how to comply.
4.5.d The Subgrantee shall review all required reports and forms submitted by contractors in all
CDBG projects in the jurisdiction of the Subgrantee.
4.6 Property Management. The Subgrantee agrees that any nonexpendable personal property,
purchased wholly or in part with CDBG funds at a cost of Five\ Hundred ($500.00) dollars or more
per item, is upon its purchase or receipt the property of the Grantee and/or Federal government.
Final ownership and disposition of such property shall be determined under the provisions of the
U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate.
4.7 Acauisition and Relocation.
4.7.a Any acquisition of real property for any activity assisted under this Agreement shall comply
with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (hereinafter referred to as the Uniform Act) (42 USC section 4601) and
the Regulations at 24 CFR part 42.
4.7.b Any displacement of persons, business, nonprofit organizations or farms as the result of
acquisition of real property assisted under this Agreement shall comply with Title II of the
Uniform Act as amended by the Uniform Relocation Act as amended by Title IV of the
Surface Transportation and Uniform Relocation Assistance Act as amended (Pub. L. 100-
17, 101 Stat. 246-256) and the Regulations at 49 CFR part 24. The Subgrantee shall comply
with the Regulations pertaining to costs of relocation and written policies, as specified by 24
CFR 570.606(a) and (b).
4.7.c In any activity assisted under this Agreement which results in demolition or conversion to
another use of low/moderate income housing, the Subgrantee will follow the requirements
set forth in the revised section 104(d) of the Housing and Community Development Act of
1974, as amended and implementing regulations.
4.8 Historic Preservation. The Subgrantee shall comply with the requirements of the National Historic
Preservation Act of 1966 (16 USC 470 et seq.) as amended, Public Law 89-665, the Archeological
and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the
procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36
CFR part 800 (16 USC 469 et seq.). The Subgrantee shall comply with the Federal historic
preservation regulations including 36 CFR part 800 and the Reservoir Salvage Act of 1960 as
amended by the Archaeological and Historic Preservation Act of 1974 (16 USC 469 et seq.)
Activities affecting property listed in or found to be eligible for inclusion in the National Register
of Historic Places will be subject to requirements set forth in HUD Environmental Review
Procedures at 24 CFR part 58.
4.9 Architectural Barriers. Any facility constructed pursuant to this Agreement shall comply with
design requirements of the Architectural Barriers Act of 1968 (42 USC section 4151 et seq. and 24
CFR 40 et seq.)
4.10 Nonoarticination in Political Activities. The Subgrantee shall comply with the provisions of the
Hatch Act (5 USC Chapter 15).
4
4.11 Conditions for Relieious Oraanizations. The Subgrantee agrees that funds provided under this
Agreement will not be utilized for religious activities, to promote religious interests, or for the
benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR
570.200(j).
4.12 Floodnlain Manaaement and Wetland Protection. The Subgrantee shall comply with Executive
Order 11988 and HUD regulations 24 CFR 55 regarding floodplain management. The Subgrantee
shall also comply with Executive Order 11990 and the regulations at 3 CFR, particularly sections 2
and 5, regarding protection of wetlands.
4.13 National Flood Insurance. The Subgrantee may not receive CDBG funding for acquisition or
construction for use in any area that has been identified as having special flood hazards and is not
participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood
Disaster Protection Act of 1973 (Pub. L. 93-234) and the Regulations thereunder (24 CFR 58.6).
The Subgrantee shall comply with the regulations at 24 CFR 570.605.
4.14 Air and Water Pollution. The Subgrantee shall comply with the provisions of the Clean Air Act
(42 USC section 1857 et seq.) as amended, and the Federal Water Pollution Control Act (33 USC
sections 1251 et seq.) as amended, and the regulations issued thereunder (40 CFR part 15).
4.15 Lead -Based Paint Poisonine. The Subgrantee shall comply with the HUD Lead -Based Paint
regulations (24 CFR part 35) issued pursuant to the Lead -Based Paint Poisoning Prevention Act
(42 USC Sections 4831 et seq.) requiring: (1) prohibition of the use of lead -based paint (whenever
funds under this Agreement are used directly or indirectly for construction, rehabilitation, or
modernization of residential structures); (2) elimination of immediate lead -based paint hazards in
residential structures; and (3) notification of the hazards of lead -based paint poisoning to
purchasers and tenants of residential structures constructed prior to 1978.
4.16 Sole Source Aquifers. The Subgrantee shall comply with the Safe Drinking Water Act of 1974 (42
USC 201, 300(0 et seq. and 21 USC 349) as amended and Sole Source Aquifers regulations (40
CFR part 149).
4.17 Endaneered Species. The Subgrantee shall comply with the Endangered Species Act of 1973 (16
USC 1531 et seq.) as amended, particularly section 7 (16 USC 1536).
4.18 Wild and Scenic Rivers. The Subgrantee shall comply with the Wild and Scenic Rivers Act of
1968 (16 USC 1271 et seq.) as amended, particularly sections 7(b) and (c) (16 USC 1278(b) and
(c)).
4.19 Air Quality. The Subgrantee shall comply with the Clean Air Act (42 USC 7401 et seq.) as
amended, particularly sections 176(c) and (d) (42 USC 7506(c) and (d)).
4,20 Farmlands Protection. The Subgrantee shall comply with the Farmlands Protection Policy Act of
1981 (7 USC 4201 et seq.) particularly sections 1540(b) and 1541 (7 USC 4201(b) and 4202), and
Farmland Protection Policy regulations (7 CFR part 658).
5
4.21 Noise. The Subgrantee shall comply with HUD Noise regulations (24 CFR part 51).
4.22 Coastal Zone Management. The Subgrantee shall comply with the Coastal Zone Management Act
of 1972 (16 USC 1451 et seq.) as amended.
4.23 Non -Discrimination Based on Disability. When and where applicable, the Subgrantee shall
comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794) and Title II
of the Americans with Disabilities Act as amended (Pub. L. 101-336, 1990), to ensure that no
otherwise qualified individual with a disability shall, solely by reason of his or her disability, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving financial assistance under this Agreement.
4.24 Non -Substitution for Local Funding. The Subgrantee shall not utilize CDBG funds made available
under this Agreement to reduce the amount of local financial support for community development
activities below the level of such support prior to the availability of funds under this Agreement.
4.25 Public Ownership. For Subgrantees which are not municipal corporations organized under the
laws of the State of Minnesota, it may become necessary to provide the Grantee a property interest
where the project calls for the acquisition, construction, reconstruction, rehabilitation, or
installation of publicly -owned facilities and improvements. The Subgrantee shall comply with
current Grantee policy regarding transfer of a property interest sufficient to meet the public
ownership requirement.
4.26 Public Information. In all news releases and other public notices related to projects funded under
this Agreement, the Subgrantee shall include information identifying the source of funds as the
Washington County Community Development Block Grant Program.
4.27 Applicable Uniform Administrative Reauirements.
4.27.a A Subgrantee which is a governmental entity (including public agencies) shall comply with
the requirements and standards of OMB Circular A-87 (Principles for Determining Costs
Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tri-
bal Governments), OMB Circular A-133 (Audits of State and Local Governments) and with
the following sections of 24 CFR part 85, Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments:
(1) Section 85.3 "Definitions"
(2) Section 85.6 "Additions and Exception?
(3) Section 85.12 "Special grant or subgrant conditions for 'high -risk' grantees"
(4) Section 85.20 "Standards for financial management systems" except paragraph (a)
(5) Section 85.21 "Payment" except as modified by 24 CFR 570.513
(6) Section 85.22 "Allowable costs"
(7) Section 85.26 "Non-federal audits" fr
(8) Section 85.32 "Equipment" except in cases in which the equipment is sold, the
proceeds shall be program income
(9) Section 85.33 "Supplies"
(10) Section 85.34 "Copyrights"
(11) Section 85.35 "Subawards to debarred and suspended parties"
(12) Section 85.36 "Procurement" except paragraph (a)
(13) Section 85.37 "Subgrants"
(14) Section 85.40 "Monitoring and reporting program performance" except paragraphs
(b), (c), (d) and (f)
(15) Section 85.41 "Financial reporting" except paragraphs (a), (b) and (e)
6
(16) Section 85.42
(17) Section 85.43
(18) Section 85.44
(19) Section 85.51
(20) Section 85.52
"Retention and access requirements for records"
"Enforcement"
"Termination for convenience"
"Later disallowances and adjustments"
"Collection of amounts due"
4.27.b A Subgrantee that is not a governmental entity, shall comply with the requirements and
standards of OMB Circular A-122 (Cost Principles for Non -Profit Organizations) or OMB
Circular A-21 (Cost Principles for Educational Institutions), as applicable, and with OMB
Circular A-110, (Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Non -Profit Organizations).
4.28 Section 3 Compliance. The Subgrantee agrees to comply with the requirements 24 CFR 135
(Economic Opportunities for Low and Very Low -Income Persons) to ensure that employment and
other economic opportunities generated in connection with this Agreement shall, to the greatest
extent possible, consistent with existing Federal, State and local laws and requirements, be directed
to low- and very low-income persons, particularly those who are recipients of government
assistance for housing and to business concerns which provide economic opportunities to low- and
very low-income persons.
4.28.a The Subgrantee agrees to comply with HUD's regulations in 24 CFR 135.38 and to include
the section 3 clause in every subcontract subject to compliance with regulations in 24 CFR
135. Housing and community development projects subject to this provision include
housing rehabilitation, housing construction, and other public construction projects as
defined in 24 CFR 135.5, Section 3 covered assistance.
4.28.b The Subgrantee will not subcontract with any contractor where the Subgrantee has notice or
knowledge that the contractor has been found in violation of the regulations in 24 CFR 135..
4.29 Other Program Reauirements. The Subgrantee shall carry out each activity in compliance with all
other Federal Acts, regulations and requirements, including but not limited to Executive Order
11246 prohibiting discrimination in employment contracts and directing government contracts to
establish and maintain affirmative action, and all Federal laws and regulations described in 24 CFR
570, subpart K except that:
4.29.a The Subgrantee does not assume the Grantee's environmental responsibilities (24 CFR
570.604), unless otherwise specified herein; and
4.29.b The Subgrantee does not assume the Grantee's responsibility for initiating the review
process under the provisions of 24 CFR part 52.
5. Evaluation and Renorts. The Subgrantee agrees to participate with the Grantee in any evaluation •
project or performance report, as designed by the Grantee or the appropriate Federal agency, and to make
available all information required by any such evaluation process. The Subgrantee further agrees to submit
monitoring reports using the format supplied by the Grantee. These reports shall be due quarterly on the tenth
day of the January, April, July, and September and shall be submitted to Mary Farmer- Kubler, Washington County
Community Services, 14949 62"d Street North, MN 55082. The Subgrantee shall also provide such reports as
required by the Grantee on an annual basis and prior to project execution.
6. Audits and Insnections. The Subgrantee shall obtain an independent audit for any calendar year during
which the agency received at least $500,000 of Federal funds. Such audit shall be made by qualified
individuals who are sufficiently independent of those who authorize the expenditure of Federal funds.
The audit report shall state that the audit was performed in accordance with the generally accepted
7
governmental audit standards for financial compliance audits of the US General Accounting Office
Standards for Audit of Governniental Organizations, Programs, Activities and Functions, and the
provisions of OMB Circular A-110. When applicable, the Subgrantee shall also comply with the audit
requirements of revised OMB Circular A-133 (June 24, 1997).
7. Records.
7.1 The Subgrantee shall compile and maintain records required by HTJD regulations (24 CFR
570.506) including:
7.1.a Financial Management. Financial management records shall identify adequately the source
and application of funds for activities within this Agreement, in accordance with the
provisions of the U.S. Office of Management and Budget Circular A-102 or A-110 as
appropriate. These records shall contain information pertaining to grant awards and
authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income.
7.1.b Citizen Participation. Narrative and other documentation describing the process used to
inform citizens concerning the amount of funds available, the ranges of project activities
undertaken, and opportunities to participate in funded block grant projects.
7.1.c Relocation. Indication of the overall status of the relocation workload and a separate
relocation record for each person, business, organization, and farm operation displaced or in
the relocation workload.
7.1.d Property Acauisition. The Subgrantee files must contain:
(1) invitation to the property owner to accompany appraiser during inspection;
(2) at least one property appraisal;
(3) statement of basis for determination of just compensation;
(4) written offer of just compensation;
(5) all documents involving conveyance;
(6) settlement cost reporting statement; and
(7) notice to surrender possession of premises.
7.1.e Eaual Opportunity. Racial, ethnic, and gender data showing the extent to which these
categories of persons have participated in, or benefited from, the activities carried out under
this Agreement. The Subgrantee shall also maintain data which records its affirmative
action in equal opportunity employment, and its good -faith efforts to identify, train, and/or
hire lower -income residents of the project area and to utilize business concerns which are
located in or owned in substantial part by persons residing in the area of the project.
7.1.f Labor Standards. Records regarding compliance of all contractors performing construction
work under this Agreement with the labor standards made applicable by 24 CFR 570.603.
7.1.g Determination of Conditions of Slum and Blight. The Subgrantee shall submit:
(1) an attorney's opinion that an area designated as slum or blighted for the purpose of
qualifying a CDBG activity meets the State or local definition of the same;
(2) the boundary of the area so designated; and
(3) a list of the conditions the CDBG-funded activity is intended to address. In the event
that a single property is designated as blighted, the subgrantee must submit a certified
building inspector's report on the conditions leading to that determination.
8
7.1.h Economic Development. Financial statements that indicate the historical and projected
income of any company approved for CDBG assistance. Records will include three years of
profit and Loss statements, balance statements and projected income statements. The
Subgrantee will also keep records indicating the amount and terms of assistance provided
together with an explanation of how the assistance provided meets the "necessary and
appropriate" requirements communicated in the June 2, 1987 Stokvis memorandum.
7.1.i Area Benefit. For activities providing an area benefit (24 CFR 570.208 (a)(1)), the
Subgrantee will submit:
(I) a map showing the location of the CDBG-funded activity and the service area
boundary for the activity;
(2) an explanation of how the service area boundary was determined, including
justification for each individual line segment defining the service area boundary; and
(3) the percentage of low and moderate -income persons in the service area and the data
used to determine that percentage.
7.1.j Other. Such other records as may be required by the Grantee and/or HUD.
7.2 Retention of Records. Required records shall be retained for a period of five (5) years after
termination of this Agreement, except as follows:
7.2.a records that are the subject of audit findings shall be retained for five (5) years after such
findings have been resolved;
7.2.b records for nonexpendable property shall be retained for five (5) years after its final
disposition. Nonexpendable property is defined in the US Office of Management and
Budget Circular A-102 or A-110 as appropriate.
7.3 Access to Records.
7.3.a The Grantee shall have full access to all records relating to performance of this Agreement.
7.3.b The Subgrantee shall make all records available for audit or inspection at any time upon
request of the U.S. Department of Housing and Urban Development, the Grantee or its
authorized representative.
8. Obligations And Resnonsibilities. The Subgrantee agrees to assume and carry out the Grantee's
obligations and responsibilities under the Cooperation Agreement entered into between the Grantee
and the Subgrantee concerning the Washington County CDBG Program.
9. General Conditions. The following general conditions shall apply to the Subgrantee.
9.1. Independent Contractor. For the purpose of this Agreement, the Subgrantee shall be deemed an
independent contractor, and not an employee of the Grantee. Any and all employees of the
Subgrantee or other persons, while engaged in the performance of any work or services required by
the Subgrantee under this Agreement, shall not be considered employees of the Grantee; and any and
all claims that may or might arise on behalf of said employees or other persons as a consequence of
any act or omission on the part of said employee or the Subgrantee shall in no way be the obligation
or responsibility of the Grantee.
9.2 Hold Harmless. It is further agreed that the Subgrantee shall defend and hold the Grantee harmless
from any claims, demands, actions, or causes of action arising out of any act or omission on the
9
part of the Subgrantee, its agents, servants, or employees in performance of, or with relation to, any
of the work or services performed or furnished by the Subgrantee under the terms of the
Agreement. It is further agreed that the Subgrantee shall notify the Grantee of any actual or
potential claims against the Grantee that may arise as a consequence of any of the work or services
performed or furnished by the Subgrantee under the terms of this Agreement.
9.3 Transfer. The Subgrantee shall not assign any interest in this Agreement and shall not transfer any
interest in the same, whether by assignment or subcontract, without the prior written consent of the
Grantee.
9.4 Amendments. Any alteration, variation, modification, or waiver of the provision of this Agreement
shall be valid only after it has been reduced to writing and duly signed by both parties.
9.5 Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement
on any one occasion by either party hereto shall not constitute a waiver of any rights and/or
remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights
and remedies provided or referred to under the terms of the Agreement are cumulative and not
mutually exclusive.
9.6 Liability. Notwithstanding any other provision of this Agreement to the contrary, the Subgrantee
shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of
any breach of this Agreement by the Subgrantee, and the Grantee may withhold any payments to
the Subgrantee for the purpose of set-off until such time as the exact amount of damages due the
Grantee from the Subgrantee is determined.
9.7 Entire Agreement, This Agreement, as well as Exhibits A through B, which are attached hereto
and incorporated herein by reference, shall constitute the entire agreement between the parties and
shall supersede all prior oral or written negotiations.
9.8 HUD Anoroval. It is expressly understood between the parties that this Agreement is contingent
upon the approval of HUD and its authorization of grant monies to the Grantee for the purpose of
this Agreement.
9.9 Compliance. In performing the provisions of this Contract, the Subgrantee agrees to comply with
all Federal, State or local laws and all applicable rules, regulations or standards established by any
agency of such governmental units, which are now or hereafter promulgated.
10. Annual Budget and Billing Procedures.
10.a. It is understood that the Funding Approval/ Agreement (HUD 7082) is based upon a program
budget reflecting receipt of $ in CDBG Funds from HUD for Program Year , of which
$ is allocated to the Subgrantee as the maximum amount available under this contract.
10.b. The Subgrantee shall submit requests for reimbursement promptly upon completion of each
milestone or activity and upon receipt of proper documentation from any contractors used on the project.
Requests for reimbursement shall be in a format acceptable to the Grantee and shall be submitted to
CDBG c/o Washington County Community Services, 14949 62nd Street North, Stillwater, MN 55082.
11. General Compliance, The Subgrantee shall comply with the following:11.1 Separability. In the event
any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall
be valid and binding upon the parties unless such invalidity or non -enforceability would cause the
agreement to fail its purpose. One or more waivers by either party or any provision, term, condition or
10
covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the
other party.
11.2 Discrimination. The Subgrantee agrees to comply with all Federal, state and local laws and
ordinances as they pertain to unlawful discrimination on account of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, disability, or age.
11.3 Applicable Laws. The Subgrantee further agrees to comply with all Federal, state, and local laws
or ordinances, and all applicable rules, regulations, and standards established by any agency of
such governmental units, which are now or hereafter promulgated insofar as they relate to the
Subgrantee performance of the provisions of this Agreement.
11.4 State Law. This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota.
12. Scone of Services. As required in 24 CFR 570.503, the Subgrantee will be responsible for the
administration of the following services under this Agreement. No more than 10% of the contracted
funds shall be used for non -construction, non -acquisition activities. If there is more than one
activity, funds can be reallocated among the specified activities through consultation with the grantee
and followed by a written request to the grantee. Reallocation of funds must be requested prior to
completion of the activities.
12.1 Activity 1 - Gas Service Inspections
12.1.a Description.
Inspection of private natural gas utilities service for manufactured housing units and
replacement of gas lines for approximately 160 units.
12.1.b Budget.
FY 2004 CDBG funding: $48,200.00
12.1.c Schedule.
FY 2004 funds will be committed to project activities after October 1, 2004, and will
be expended according to the completion dates listed below.
Milestone Completion date a, /�
P -end ept-Eitrer inance �dov berms a2n
Prepare and Adopt City Ordinance November -December 2004:
Environmental Review November -December 2004:
Scope of Work
Request for Proposals
Notification and Education of Residents
Construction Period
12.1.d Staffing.
I'Eberly-$chaffel, City of Lake Elmo
12.1.e. S�apecral Reauirem~ents t f em-ut
(i) Davis Bacon
January 2005
January 2005
February 2005
March 15, 2005 - December 31, 2005
11
12.2 Prior Year Activities. Prior fiscal year activities that are not yet completed continue to be covered
by the Subgrantee Agreement executed for the CDBG program year in which they were originally
funded.
13. Additional Requirements. The following additional requirements shall apply to the Subgrantee:
13.1 Program Income. The Subgrantee shall report all program income (as defined at 24 CFR
570.500(a)) generated under this Agreement for the purposes specified herein or generated through
the project(s) funded under this Agreement. During the period this Agreement is in effect, program
income shall be retained by the Subgrantee and used for eligible CDBG activities, as specified in
24 CFR 570.201 and 570.202, for the project(s) funded under the terms of this Agreement. Any
program income on hand when the Agreement expires or received after the Agreement expires
shall be paid to the Grantee as required by 24 CFR 570.503(b)(8).
13.2 Future Sunoort. The Grantee makes no commitment to future support and assumes no obligation
for future support of the activities contracted for herein, except as expressly set forth in this
Agreement.
13.3 Funds Not Received. Should anticipated sources of revenue not become available to the Grantee
for use in the CDBG Program, the Grantee shall immediately notify the Subgrantee in writing and
the Grantee will be released from all contracted liability for that portion of the Agreement covered
by funds not received by the Grantee.
13.4 Susnension and Termination. In accordance with 24 CFR 85.43, suspension or termination may
occur if the Subgrantee materially fails to comply with any of the provisions hereof, and the award
may be terminated for convenience in accordance with 24 CFR 85.44. Such termination shall
occur thirty (30) days after receipt by the Subgrantee of written notice from the Grantee specifying
the grounds therefore, unless, prior to such date, the Subgrantee has cured the alleged
nonperformance of the provisions of this Agreement.
13.5 Reversion of Assets. Upon the expiration of this Agreement, the Subgrantee shall transfer to the
Grantee any CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds. Any real property under the Subgrantee's control that was
acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be:
13.5.a Used to meet one of the national objectives in 24 CFR 570.208 until five years after the
Subgrantee no longer participates in the CDBG Entitlement Program; or
13.5.b Disposed of in a manner that results in the Grantee's being reimbursed in the amount of the
current fair market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
(Reimbursement is not required after the period of time specified in paragraph 13.5.a.)
13.6 Payment Recounment. The Subgrantee shall reimburse the Grantee upon demand, any amounts
paid by the Grantee under this contract for which the U.S. Department of Housing and Urban
Development requires repayment due to noncompliance with Federal requirements.
14. Certification For Contract. Grants. Loans And Cooperative Aereements. The Subgrantee certifies,
to the best of its knowledge and belief, that:
14.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
12
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
14.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
14.3 It will require that the language of paragraphs 1 and 2 of this anti -lobbying certification be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all SubGrantees shall certify
and disclose accordingly
15. Environmental Review. The Grantee shall insure that all Subgrantee projects or activities comply with
environmental review requirements. This includes the completion of a study and assessment of each
Community Development Block Grant project in conformance with the National Environmental Policy
Act of 1967 by the Grantee. The Subgrantee shall furnish the Grantee with a copy of any updated
Environmental Review Study.
16. Delegation of Authority. The Community Services Department is delegated the authority to amend all
provisions of this agreement by execution of the Community Services Director.
17. Notice. Written notice to be provided under this Agreement shall be provided as follows:
For the Grantee:
For the Subgrantee:
James R. Schug, County Administrator
Washington County Administration
PO Box 6
Stillwater, MN 55082
13
IN WITNESS WHEREOF, the Grantee and the Subgrantee have executed this Subgantee Agreement on the
date indicated below.
For the Grantee For the Subgrantee
R. H. Stafford
Chair, Washington County Board
James R. Schug
County Administrator
Approved as to form:
•
Assistant County Alt -Loney
Date By: Date
Its:
Date By:
Its:
7 Date
Daniel J. Papin Date
Director, Community Services
Date
Date
OACOMSVS\CDBG\CDBG Projects \CDBG Contract Templatenew.doc
14
Washington County CDBG Program
Key Contact Designation Form
Project Manager:
The project manager is the person authorized by the Subgrantee as the primary contact person for
this CDBG Agreement.
Name:
Title:
Organization/Community Name
Address
City, State, Zip Code
Telephone
Cellular Phone/Pager
Fax
E-mail
Other Key Contacts:
Name
Title
Organization/Community Name
Address
City, State, Zip Code
Telephone
Cellular Phone/Pager
Fax
E-mail
Name
Title
Organization/Community Name
Address
City, State, Zip Code
Telephone
Cellular Phone/Pager
Fax
E-mail
15
Lake Elmo
City Council
November 3,
2004
Agenda Section: Planning, Land Use & Zoning No. 9B
Agenda Item: Fence Ordinance Amendments — Continued Consideration
Background Information for November 3. 2004:
As directed, staff has researched questions raised by the Council regarding the practicality and resulting cost to
homeowners of our existing fence standards. We have inquired as to the availability and cost of fencing that would
meet the present LE standards from two perspectives: pre -built fence panels (generally 8 foot long sections) that can
be purchased from Menards, Home Depot or any lumber yard; and, custom built fencing available from several firms
that specialize in that product/service. Our findings are as follow:
1. Pre -built panels (whether wood or vinyl) generally come in 48 inch or 72 inch heights. We found only one 42
inch offering — a picket style in vinyl. When the panels are offered with a lattice portion on top, the fence is
solid to 54 or 60 inches, and lattice for the upper 12 or 18 inches. Materials prices for the panelized fencing
range from $45/panel ($5.62 per running foot) to $80/panel ($10 per running foot). This price range excludes
installation — a number not easily garnered from the Home Depots and Menards. We should have that number
by the November 3 meeting, however.
2. As one might expect, custom fencing can be had in whatever specification a homeowners desires — or a city
mandates. The installed prices will vary based on the complexity of the design, but range between $20 per
running foot (for a "Plain Jane" 6 foot solid fence) to $34 per running foot for the more complex design that
would include a lattice treatment over the upper "X" feet of the fence.
3. The lattice fence treatment appears to vary somewhat as to degree of "openness" that results. Due to the
specifications of the materials used, it appears that the pre -built lattice treatment results in about 57% of the
latticed area of the fence open to air and light; and, the heavier -built custom lattice treatment is closer to 47%
open to air and light.
4. It appears picket style pre -built panels could meet a 50% open standard - if averaged over the entire fence
height, but only (very costly) wrought iron could meet a 75% standard - even with averaging.
It is clear from our investigations that a homeowner would not have an option of purchasing pre -built fence panels
that would comply with our current fence standards — be it wood or vinyl. The "solid fence" height allowance would
need to be 60 inches for even a lattice application (50% open) on the upper portion of the fence using the most
common pre -built panels. Subject only to what we find to be the installation costs for the pre -built panels, it appears
that our present standards result in mandating custom-built fencing at a significantly higher cost to the homeowner
than the pre -built panel fencing. It amounts to the degree of cost the City would impose on homeowners to
accomplish the aesthetic and other issues that are compromised by 6 foot solid fencing.
We have attached the draft fence ordinance amendments in the same format at presented at the last City Council
meeting — with the 50% "open" and "averaging" provisions still in place. Given the foregoing, the Council may wish
to increase the allowable height of solid fencing to 48 or 60 inches as well. A height of 60 inches will provide the
homeowner maximum flexibility, while the 48 inches will provide a (limited) ability to use pre -built fence panels.
Person +s onsible:
Action items:
Motion to adopt Ordinance 97-1, amending the City Code fence Ci
regulations.
Attachments:
Ordinance 97 -
Time Allocated:
CITY OF LAKE ELMO
ORDINANCE NO. 97, `'t}
AN ORDINANCE Amending SECTION 302 RELATING TO THE
REGULATION OF FENCES AND SCREENING
,Section 1. Amendment: Section 302 Fence Regulations is hereby amended, to wit:
302 — Regulation of Fences
302.01 Fence Height
Subd. 1- Fence Height in Street Setbacks
No fence shall be constructed exceeding 42 inches in height measured from grade
within any front, side, or rear street setback. Fences constructed within the
prescribed street set back areas shall be at least 50% open to air and light. (See
Figure 302.1)
--I Deleted: 137
--j Deleted: ADDING
- Deleted: AND REPEALING
SECTION 1360 AND THE FENCE
MORATORIUMS[
9[
•
fDeleted: added to theLake Elmo
Municipal Code
Subd. 2 — Fence Height in Interior Yards
No fence shall be constructed exceeding 72 inches in height measured from grade
in interior yards; and, any portion of such fence above 42 inches measured from
grade shall be open to light and air over Z)% of the surface area. The degree of ---I Deleted: 75
fence area oven to air and light mav he calculated over the entire souare foot area
of the fence. (See Figure 302.1).
Subd. 3 — Fences on Double Front Lots
Lots with fronting imnroved public streets at both the rear yard and the front ward
mav apply the standards of Section 302.01 Subd. 2 for fences paralleling the rear
yard only upon the annroval of a Conditional Use Permit. The terms of Section
306 Suhd.4 shall annlv to Conditional Use Permit applications,
Subd. 4— Grade Defined
The grade from which fence height measurements are calculated shall only be
from either natural grade or grade modified responsive to a grading plan approved
by the City; and, shall not include the height of berms or introduced increases in
ground elevation that would raise the effective fence height over that which would
be otherwise permitted by this Section, except that a combination of raised grade
and fence that would exceed in sum the fence height permitted by this section
may be specifically approved by the City Council as an element of a subdivision
plat or commercial site plan approval establishing specific property grading and
topography.
302.02 Fence Materials
Subd. 1— Permitted Fence Materials
-, --j Formatted: Font: Bold
- 1 Formatted: Font: Not Bold
Deleted: 3
1
1
Permitted fence materials shall be limited to brick, stone, wood planks, split rail,
wrought iron, and as regulated by Section 302.04. Vinyl or composite material
fences shall also be permitted.
Subd. 2 — Finished Face of Fence
That side of the fence considered to be the face (finished side as opposed to
structural supports and frame) shall face abutting property and Public Streets.
Subd. 3 — Chain Link or Cyclone Fences
Chain Link, and wire mesh fences are permitted to a maximum height of 72
inches measured from grade. No chain link, cyclone or wire mesh fence shall be
permitted in any front, side, or rear setback. (Sec Figure 302.2)
302.03 — Fences in the Shoreland Overlay District
No fence shall be permitted in the OHW setback of any parcel located in Shoreland, as
defined by Section 150 of the City Code except where the principal structure is at least
,partially located within said OHW setback. Where the nrincinal structure is at least , --1 Deleted: entirely
partially located within the OHW setback, fences compying with the standards of Section {Deleted:
302.01, Subd 2 may be constructed within the side vard area of said nrincinal structure ,
but not extending beyond (he front and rear exterior walls of the nrincinal structure.
Decks. norches and landings of anv tvoe shall not be considered a nart of the nrineinal
structure for the nuroose of determining allowable fence.
302.04 Temporary Fences
Subd. 1 — Defined
For the purposes of this ordinance Temporary Fences are those that are installed
and removed on a seasonal basis, such as snow fences and garden fences.
Temporary Fences shall be open to light and air over not less than 40% of the
fence surface area.
Subd. 2 — Duration and Limitation
No snow fence shall or posts therefore shall be installed prior to November 1, and
must be removed prior to April 15.
Subd. 3 — Height and Location
Temporary Fences shall comply with the fence and fence location standards of
Section 302.01, except that snow fences shall be set back at least 50 feet from any
south or east property line, or such additional distance as may be required to
prevent the accumulation of snow on public streets or adjoining property, as
determined by the Building Official.
302.05 Agricultural Exemption
Fences constructed on parcels in excess of 5 acres for the keeping of horses; and fences
constructed on parcels in excess of 10 acres for the keeping of other livestock, as defined
by Section 150 the City Code, are specifically exempted from the provisions of this
section. Any such agricultural fencing shall be at least 75 % open to air and light.
t,` . Deleted: 11
q
302.06 Fences as Screening and Security as Required by This Code
1
The Lake Elmo City Code and Zoning Ordinance include prescribed physical 4
circumstances of a site where screening of uses, equipment, and outside storage is Formatted: Indent: Left: 0"
required. In those prescribed circumstances, fence not to exceed 72 inches in height
measured from grade may be installed, subject to the following standards:
1. Required fences for screening and security purposes in Agricultural and
Residential zoning districts shall be set back from all property lines equal to
the required structure set back of the zoning district in which they are
located.
2. The provisions of Section 302.01, Subd. 3 of this Chapter regarding fence
height measurement from grade shall apply. No combination of earthen
berm and fence may exceed the 72 inch maximum height for screening.
3. Materials used for screening shall be limited to those specified by Section
302.02.
4. No such screening shall be roofed or covered in any manner.
302.07 Fence Permits Required
Except as noted herein, installation of all fences require a fence permit issued 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. 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. All such
fences shall be removed by the property owner within 6 months of the
termination of the keeping of Domestic Farm animals, unless an extension
is specifically authorized by City Council action.
2. Fences of any type installed by Municipal, County or State governments
and Public Utilities for facility security or the delineation and/or protection
of Public Rights -of -Way.
3. Temoorary Fences. Formatted: Bullets and Numbering
Failure to obtain a City Fence Permit prior to the installation of any fence subject to this
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.
302.08 - Fences as Non-conformine/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.
302.09 — Other Provisions of Code
To the extent that provisions of this Section may conflict with other provisions of the
City Code regarding the regulation of fences and screening, the provisions of this Section
only shall apply.
t - - - { Formatted: Indent: Left: 0"
Section 2 — Amending Section 150 Definition of Fence
The Section 150 definition of "Fence" is hereby amended to add the following: "...not to
include any roof or covering."
Deleted: Section 3, Reooalerli
Section 4. Effective Date: This ordinance shall become effective upon its passage and r Section ti nit of enthe City Code is hereby
P P g repealed in its entirely.$
publication according to law.
I ADOPTED by the Lake Elmo City Council this,jh day of October, 2004.
Lee Hunt, Mayor
A Pl'EST:
Martin J. Rafferty, City Administrator
_ -i Deleted:4
1 Deleted: August
1
Lake Elmo
City Council
November 3, 2004
Agenda Section: CITY ADMINISTRATOR'S REPORT
Agenda Item: Recycling Ordinance
Background:
No.11. A
On May 18th City Council passed Ordinance 97-128 amending section amending 800.02 of the City Code.
This change authorized licensed haulers to modify their pick-up schedule for recycling only, from weekly to
bi-weekly if single sort collection was provided. Although the ordinance was passed and published,
subsequent concerns raised by the members of Enviromnental Commission indicating the ordinance had not
been appropriately reviewed by the Commission, the Council asked that the ordinance not be implemented
until it was reviewed by the Commission.
Since that time, the Environmental Commission has conducted monthly meetings to study the subject
matter with guest speakers, an industry tour and participation from the recycling industry providing related
information pertinent to an appropriate recommendation.
On Wednesday October 27111, at a regular monthly Commission meeting, the Commission voted to
recommend to the City Council that Ordinance 97-128, that was passed in May of 2004, be implemented.
Person responsible:
Action Items:
Martin Rafferty
A motion accepting the Environmental Commission's
recommendation.
Attachments: Ordinance 97-128
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 97-129
AN ORDINANCE AMENDING THE LAKE ELMO MUNICIPAL CODE
SECTION 800-SOLID WASTE AND ENVIRONMENT
Section 1. Amendment: Section 800.02, Subd. 19, of the Lake Elmo Municipal Code is
hereby amended to read as follows; to wit:
800.02 Freauencv of Collections
Each licensed hauler shall make collections of garbage and refuse, and recyclables
at least weekly, or more often as sanitary conditions warrant as determined by the
Code Enforcement Officer. Single -Sort Residential Recycling shall be collected
at least bi-weekly.
Section 2. Effective Date: This ordinance shall become effective upon its passage and
publication according to law.
ADOPTED, by the Lake Elmo City Council on the 18th day of May, 2004.
Lee Hunt, Mayor
TEST:
Martin
City Aistra
City of Lake Elmo
651/777-5510
3800 Laverne Avenue North / Lake Elmo, MN 55042
THE LAKE ELMO CITY COUNCIL
WILL HOLD A WORKSHOP
SATURDAY, NOVEMBER 20, 2004
9:00 A.M. - 11:00 A.M.
TO DISCUSS
THE OLD VILLAGE SYSTEMS STUDY
LAKE ELMO CITY HALL
3800 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
printed on recycled paper