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HomeMy WebLinkAbout11-15-05 CCMP,yor: afrAhnston mil members: Rita Conlin Steve DeLapp Liz Johnson Anne Smith Please read: -Lake Elmo City Council Tuesday ' November 15, 2005 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, staffprovides background infoiniation to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes: 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INFORMATIONAL: 4. CONSENT AGENDA A. Resolution No. 2005-121:Approving claims B. Resolution No. 2005-122 :Approving Maplewood Oakdale Lions Charitable Gambling License C. Resolution No. 2005-124:Railroad Crossing Agreement for Water Systems Interconnect Phase III D. (1) Resolution No. 2005-125:Change Order for Chris Riley Water Project Phase I (2) Resolution No. 2005-126:Change Order for Chris Riley Water Project Phase III E. Ad Hoc Community Improvement Committee Attendance October 18, 2005, November 1, 2005 Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 5. FINANCE A. Public Hearing: Assessment for Proposed Unpaid Municipal Utilities; Resolution No. 2005-123 B. Monthly Operating Report C. Truth N Taxation, Proposed Budget - verbal 6. NEW BUSINESS 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Fire Department: (1) Resolution No. 2005-127 Adopting the National Incident Management System (2) Resolution No. 2005-128, Adopting and Promoting the Use of Intrastate Mutual Aid Agreements B. Update on Building Dept. Activities:Jim McNamara 8. CII Y ENGINEER'S REPORT: A. 9. PLANNING. LAND USE & ZONING: A. Alternative Septic Treatment - Austad, Pierre, Hurt B. Comprehensive Plan Update - verbal 10. CITY ATTORNEY'S REPORT: A. 11. CITY ADMINISTRATOR'S REPORT: A. 12. CITY COUNCIL REPORTS: A. Mayor Johnston B. Council Member Conlin C. Council Member DeLapp D. Council Member Johnson E. Council Member Smith Closed Council Meeting to discuss pending matter, (District Court File 82-C605006209): November 29, 2005; 6 p.m. Lake Elmo City Council Agenda November 15, 2005 Page Tom Prew C. Dillerud Truth'N Taxation Hearing:December 5, 2005; 7 p.m. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2005 6:00 P.M. CLOSED SESSION — Adjustment Performance Review/Salary Adjustment 1. AGENDA 2. MINU1ES: October 18, 2005 - POSTPONED 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries - None B. Public Informational: (1) Senior Housing Survey:Brenda Anderson, CIC (2) Ground Breaking Date of November 3rd for.Public Works Facility 4. CONSENT AGENDA: A. Resolution No. Approvingclaims B. Partial Payment No. 2 to G.M. Contractuig Resolution o. 2005-116 C. Escrow Reduction for Cardinal View :air 5. FINANCE 6. NEW BUSINESS: A. Request for Extended Work ijours:Hoffinan, DeMontreville Trail B. Community Improvement Conurnssion Appqments C. Administrator Review/Sal 7. MAINTENANCE/PARK!FIRE/BUILDING A. Fire Department Haxidl 8 CITY ENGINEER'S ,REP A. Accept Feasib4y Report on. Water'''Project for Tablyn Park/Lake Elmo . , Heights and CO ZONING Hearing Resolution No. 2005-117 9PLANNING A. Moving BuiRling,jato'::,city:Hardy; Resolution No. 2005-118 B. Zknifig Ordmanee:Text'Amendment — Repeal OP Conditional Use — AGIRR Zones:Ordinance No. 97-163 C. Fmal Pit and Development Agreement — Park Meadows Resolution No. 2005-120 D. Comprehen Ve Plan System Statement — Resolution No. 2005-119 10. CI1Y ATTORNEY'S REPORT 11. CITY ADMINISTRATOR'S REPORT: A. Snowmobile Ordinance: Ordinance No. 97-164 - POSTPONED 12. CITY COUNCIL REPORTS Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council Chambers. PRESENT: Conlin, Smith, Johnston, Johnson, DeLapp, City Engineer Prew, Building Official McNamara, Attorney Filla, City Planner Dillerud, Finance Director Tom Bouthilet and Administrator Rafferty. LAKE ELMO CITY COUNCIL MINU1ES NOVEMBER 1, 2005 1. AGENDA: Delete: 11A. Snowmobile Ord, Add: 9D. Comprehensive Plan System Statement; Move 8A. Informational Meeting on Water Project at top of agenda. M/S/P Johnson/DeLapp — to approve the November 1, 2005 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: October 18, 2005 The Council received the October 18, 2005 City Council minutes at the meeting. M/S/P Johnson/DeLapp - to postpone the October 18, 2005 City Council minutes until the November 15, 2005 City Council meeting. (Motion passed 5-0). 3. PUBLIC INOUIRIESTINFORMATIONAL: A. Public Inquiries - NONE B. Public Informational: (1) Senior Housing Survey:Brenda Anderson, C Brenda Anderson, Community Improvement Me4er, repoied the 100 Senior Housing Surveys, out of 300 surveys passed out, indicated that Of the respondents believe that the City has a need for senior housing and 73% ofthrespondents would consider or move into senior housing in Lake Elmo, bUi.;;,, t}ydid not 'wint senior housing along Interstate 94. She said many seniors in the C:k. wouldlike to in Lake Elmo and have affordable housing. She said the City needs t' opriate senior housing that Oh' would be suitable in the City. The City could hirea professional consulting organization that would research, identify and Plan for seniorilousing in the City. Council member Conlin sugge Planner. The Council wil ormation with Bob Engstrom, Master e December Council Committee meeting. eaking Date of November 3rd for Public Works Facility The City of Lake Elmo willbrealc ground for the new Public Works Facility and Water Tower on November 3, 2005 at 4:00 p.m. Both facilities will be constructed on the northeast corner of Highway 5 and Ideal Avenue. 4. CONSENT AGENDA: A. Resolution No. 2005-115:Annrovina claims M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-115, A Resolution Approving Claim Numbers 287, 288, DD551 through DD560, 28129 through 28143 which were used for Staff Payroll dated October 27, 2005: Claims 289, 28144 through 28185, in the total amount of $361,232.59. (Motion passed 5-0). LAKE ELMO CI1Y COUNCIL MINUTES NOVEMBER 1, 2005 2 B. Partial Payment No. 2 to G.M. Contracting:Resolution No. 2005-116 In his memo dated October 28, 2005, the City Engineer reported the work is nearly complete on the Water System Interconnect — Phase II Project and recommended approval of Partial Payment No.2 in the amount of $24,900.36. M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-116, A Resolution Approving Partial Payment No. 2 to G.M. Contracting for Water System Interconnect — Phase II Project in the amount of $24,900.36, verified by the City Engineer in his memo dated October 28, 2005. (Motion passed 5-0). C. Escrow Reduction for Cardinal View In his memo dated October 20, 2005, the City Engineer reported improvements on Cardinal View are generally complete except for the final lift of blacktop. The final inspection of the storm sewer has not been scheduled. The City Eiikineer has certified by his October 20, 2005 memo that the required development seuiity can be reduced from $57,968.75 to $23,250.00. M/S/P DeLapp/Johnson - to approve the reduction o-e Developmen'' requirement for Cardinal View from $57,968.75 to23,250 00'based o recommendation of -the City Engineer in his memo ated October 20, 2005. (Motion passed 5-0). 5. FINANCE: 6. NEW BUSINESS: A. Request for ExtendedExtnded Work Ho&rs:Hoffman, DeMontreville Trail Joe Hoffman requested a speeal permit frorn theity for extended working hours for his contractors pursuant to City Code, Section 1370 03B, for the construction of a new home under construction at 7850 DeMontrcville Trail. Mr. Hoffman is requesting only the weekend extensiow' • the hours of 1:00 p.m. to 5 p.m. on Saturdays, Sundays and Holidays through'December 18. Hoffman said his main reason for the request is due to possible inclement weather that could delay completion and the availabihty of time and. amourtit time needed by himself and the crew to complete the construction of his futureresidence. M/S/P Smith/Johnson - to approve a special permit to Joe Hoffman to extend working hours for the construction of a home at 7850 DeMontreville Trail. This permit will allow work during the hours of 1:00 p.m. to 5:00 p.m. on Saturdays, Sundays and holidays though December 18, 2005. (Motion passed 5-0). Council Member Conlin indicated since the Council has had to address several of these variance requests, the Council should discuss the noise ordinance in regard to limiting construction working hours. M/S/P Conlin/DeLapp - that construction working hours be brought to the Council Committee in December. (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2005 Mayor Johnstoneland Administrator's review increase effective May B. Community Improvement Commission Appointments The City received a resignation letter from Stacy Howieson in August. The CIC currently has one vacancy and an attendance issue for another commissioner who has not responded to attempts to contact and is on leave of absence from work. The CIC has had difficulty forming a quorum and cancelled two meetings. There are currently no applications on file. Staff continues to advertise for applicants. M/S/P Smith/Johnson - to accept the resignation of Stacy Howieson as a member of the Community Improvement Commission, and to thank her for service to the City. (Motion passed 5-0.) Staff requested Council direction with regard to Commissioner absence. Anderson's continued Council member Conlin pointed out that according to the regb u cm adopting the CIC which states the Commission shall meet quarterly, or aWen as reqwred to respond to specific requests from the Council for advice or recomMendations. The C has been meeting monthly so should attendance be calculated thiy or quarterly meetings. M/S/P Johnson/Conlin - to direct the CIC to review a attendance per quarterly meetings and not Mon M/S/P Smith/Johnson - to reappoint Improvement Commission. (Moti M/S/P Smith/Johnson - to rea Improvement Commission. ence of Jill Anderson and review eetingS“Motion passed 5-0). -year term on the Community o a two-year term on the Commun C. A 8 a o " e Adiustment Council met in a closed session to discuss the adjustment. The Council recommended three percent M/S/P Johnston/Johnson — to approve the City Administrator's salary adjustment, based on the current compensation plan which is in place. (Motion passed 5-0.) The Finance Director added that the Council voiced concerns on the compensation system and will be looking into revising the system. 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Fire Department Handbook The City Administrator reported this document is moving forward so the Fire Department employees can have a reference. Every member of the Council will have a copy and LAKE ELMO CITY COUNCIL MINUTES NOVEMBER I, 2005 4 asked to make comments. Council member Johnson stated the process is clear for management to get documentation to do their job and the firefighters to understand, but once the policies are on paper it has to be supported. 8. CITY ENGINEER'S REPORT: A. Accept Feasibility Report on Water Project for Tablyn Park/Lake Elmo Heights and Conduct Informational Hearing:Resolution No. 2005-117 The City Engineer provided and summarized the Feasibility Report on the Water Project for Tablyn Park/Lake Elmo Heights neighborhoods. Larry Moody, 8268 Stillwater Blvd., asked what the costs to residents once connected to water. - The Finance Director responded that the average water bill woibe $200-240 a year, approx. $20 per month, depending on members in househo sprinlding. The Finance Director said the water prices are pretty comparahle to the operation and maintenance of a private well. The City Engineer said s cost will beafset by reduced homeowner's insurance costs due to fire hydrants ,bemg avai' lable the elimination of repair/replacement cost to their well and pump, the cots oSvell testing in the future and an increase in their property value that will result ftoin onverting the homes to a public water supply. Marsha Zafft, 2773 Inwood Avenue N., aske o the City worked on this. The Administrator responded since M1005. aid that her well was tested, nothing was found, but both daughtersd beentestedhave some of the highest carcinogens. She asked what happens to t\gar4ens op1ry bushes that are contaminated. The City Engineer explained that drawn municipal wells, which there are two wells, are far away fro '':tont—aini7nated area and the wells are tested every month. • Terry Needham, Z970 Janiley Avenue N., asked when did the elected officials meet with 3M. The Administr*or answeredthat he was made aware of the water problem in late February of 2005 and the Council did not know about this before then. The City asked Public Health and MPCA to have a meeting and have met monthly. He said 3M reps have been invited to meetins and during the eight months have looked at short term and long term action plans. Needham said that we all knew 3M screwed up two aquifers and why should we have to pay. Why doesn't the City say 3M you pay the water bills. He said it is not right....they knew they were dumping drums. Mayor Johnston said he understood the residents' concern and the Council could approach 3M with a proposition to have the company pay water bills. Attorney Filla said the residents may want to approach 3M en masse because they would have more rights in this than the City. Filla said the City has broad authority to require the affected residents to hookup to water under a safety health and welfare mandate. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2005 5 Bill Hughes, 9038 31st St. N., stated the person responsible for contaminating wells should be responsible to pay our water bills. He asked why not lay sewer pipes now when the street is tom up. He also asked if there is a backup plan for the community drain field system for the Farms of Lake Elmo in case of freeze-up due to the cold weather and lack of snow. The City Engineer explained there is not a great deal of disturbance to lay water pipes and there is no sewer planned for the next 25 years. Terry Arends, 8815 27th Street, stated our street was to be repaired, but you can't do the street until next year. Therefore, he asked, won't you have some money left over since you already started the project. The Administrator responded there is no money left over. Arends asked what happens if our current well is bad. He was told the Public Health Dept. would provide water if you exceeded health limit similar to the 19 homes. Carbon filtration will be added. He asked if the City could provide a placeobtain water. TM' Dave Moore, 8680 Stillwater Blvd., said he has a polluted welj in one of the highest polluted areas. He asked why the City can't serve the highest pollutedarea n the first phase of the water project. Bob Helwig, 8247 27th Street, stated he has ground:i!eleva concern is the head pressure on those higher elevatr'''' temporary booster pumping station would be built to serri Elmo Heights 3rd Addition, as it is in a hi 'prcssure zone an the rest of the project area. In the future, a permanent booster puM ,,sta,'s p1axned. .„..„„ Steve Chlebech, 9018 31st Stree t put rn a new private well a year ago because he needed it and the water as tested clean. He asked what the chances are of being reimbursed because hetl)e1ieves:3M bou1day for the new well. Tom Regan, 8875 27thStreets ' e spraying into our aquifers, is it possible sink back lower than Oakdale Is'it possibleAhese wells would clear up? The Administrator responded this is:,a:new area of science, doesn't believe that would change it, and try to „ find alternative ways yi clean it.:i:l'i.ii!ri !that are higher and his City Engineer said a e southern portion of Lake The City Administrator rd an appraiser established property value, taking into account home built a certain size, at a certain time and any impact due to the circumstance, the extension of municipal water would have a positive impact of $42,000. Barbara Peterson, 3010 Janero Avenue, asked in regard to soil contamination, would the agencies do soil tests on our property. She said 3M contaminated this area and they should pay for our water until we sell the house. The Administrator responded they have not discussed soil tests. The Mayor asked the Council to approach the resolution within the money available and then pursue with another motion to address residents' concerns. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2005 6 Terry Needham asked if a motion would preclude the City from talkingtaiking 10 3M. Stafftold him the property owners have more rights than the City to talk to 3M. M/S/P Johnston/Conlin — to adopt Resolution No. 2005-117, as amended (Change #4 to read:The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the 3M Community Improvement Grant.), which will extend the municipal water supply to the 214 existing homes of Lake Elmo Heights and Tablyn Park neighborhoods as well as the sealing of existing private wells except for a few wells that will be test wells.(Motion passed 5-0.) M/S/P Conlin/DeLapp - to direct staff to talk with 3M concerning how to address concerns in terms of compensation of water charges up until the date they sell their home and also circumstance where pumps and wells recently replaced can be reimbursed; and to direct staff to work Minnesota Department of Health on soil testing and request the City Engineer to look at running the pipe for the most polluted areas first (Motion passed 5-0.) A class action lawyer spoke up and said she representdthe plaintiffs ,p case against 3M and her firm was conducting private testing on residents' blood and they y have been finding the chemicals in very high levels. She said th tsh and her associates have been working on the case against 3M for about ay Dawn Brady, Lake Elmo Heights resident, as water costs for 3 acre lot. 9. PLANNING, LAND USE & Z A. Moving Buildi4 into Crir esolution No. 2005-118 The City Planner reported e,Plaiming Commission recommended approval of this application to move*'house and detached garage structure a few hundred feet across 31 Street North adjacent to 9255 3IAStreaN. The Council had previously approved a zoning variance to flow a dwelling unit on the 17,000 sq.ft. parcel to which the house and garage are propoied4o be moved The Council's condition to the variance requiring proof of septic system fe*itklity on the site was addressed by a certified Septic Desigier's report that a primary draM field of sufficient size could be constructed on the site, but any backup drainfield would have to be of a mound design. onsider the potential The City Planner pointed out variance was granted to allow a nonconforming lot for a single family dwelling and there was always the intent to move the garage. Council member DeLapp stated it's an ugly looking garage and there's nothing historical about it. There is no characteristic restoration. He said this is a three -car garage and not suitable on a .4 of acre lot. Council member Smith stated it was never indicated to move the garage and believes the City will still have problems with this. LAKE ELMO CITY COUNCILTES NOVEMBER I, 2005 7 The City Planner said he didn't agree with the Council arguing the original variance based on the historic character of the house, but that was the Council's finding for voting in favor of that variance. Linda Hardy said she did indicate they were planning on moving the farmhouse and garage. She said she would paint the garage in matching colors and will make the garage compatible to the house. She said she will be storing building materials in the garage. M/STP Johnston/Johnson - to adopt Resolution No. 2005-118 approving a permit to Linda Hardy to move a house and garage to a vacant parcel on 31st Street North pre plans staff dated October 20, 2005 subject to the applicant posting the appropriate financial security with the City to complete the move and improvements proposed within 12 months. (Motion passed 4-lDeLapp) B. Zoning Ordinance:Text Amendment — Re AG/RR Zones:Ordinance No. 97-163 'tional Use — The City Planner reported the Planning Comimssioronducted a Public 4earmg and adopted a recommendation to amend the Zoning Conditional Use Permit provision of the RR and AG zo OP Ordinance (which remains in the Code)inOtierative staff that it is probable staff will thesprc zoning ordinance at such time as the 2030 C. reheriSi, ordinance/map response to that Pian,becomes iff1ctive. M/S/P Johnston/Conlin — to Space Development Condition (Motion passed 5-0. ext by repealing the This action will render the eCommission was advised by 'Ions be added back to the , and any redrafted zoning , An Ordinance repealing the Open he AG and RR zoning districts. Attorney Filla sai44-io project tliathasreceived preliminary plat approval will be affected by this. The PlannItsaid OP nakof Lakewood church project does not have concept plan approval yet. C. Final Plat and Development Agreement — Park Meadows:Resolution No. 2005-120 The City Planner reported that Barbara Berquist and J. P. Bush Homes have submitted an 8 lot Residential Estates submission and submitted Final Plat drawings and construction plans. The Planner handed out a copy of the Development Agreement. Council member DeLapp said he didn't see anything on landscaping and will not retain the rural character that has been provided. The Planner responded there is a final landscape plan in the file and there are covenants. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2005 Attorney Filla said the declaration of covenants doesn't specifically require the landscaping on individual lots. He said if there is a concern on the entrance, the Council can implement a landscape plan restriction on the developer. M/S/P Johnson/Conlin — to adopt Resolution No. 2005-120, A Resolution Approving the Final Plat and Development Agreement of Park Meadows. (Motion passed 5-0.) The Planner reported the City has received a letter from the applicant appealing the fee calculated for park dedications. Joe Bush confirmed the applicant's appeal of the park dedication fee calculations by the City and requested the City reduce the amount of the escrow the applicant must provide the City while the appeal is considered by the court. The City Planner recommended that no escrow reduction be Council since there is no certainty that a court will approve, reduction. He noted that the amount of escrow will be the exact park dedication fee, which will be payable in full by the 'applicant shrnild that a reduction is not warranted. The Council took no action on the applic 's es -ed by the City dication fee of the calculated e court decide action request. D. Comprehensive Plan Systems The City Planner explained he has reviewed the - teritber'12, 2005 Systems Statement . Statement issued by the Metropolitan Coup.: ' ound tt— certain elements of the Systems - •U Statement are inconsistent wi ' d pl- ose of the Memorandum of -',: Understanding between the ',.: olita' iP' uric]. ,.,,and the City, and inconsistent with the Comp Plan prepared by the Citspnsive to', Memorandum of Understanding as follows: 1. - ,„,. at on, 'eresidential areas of the City not planned for service .1111'.'Y Region Se*r a.srDiversified Rural" by the 2030 Development r,,,,,,,, work andlthe Systems Statement. 2. ' g ''''''6 extent and location of "Developing Area: and the desigaion "Diversified Rural" on Map W-7 of the Systems Imp Statement The Council found the requirement of Page T-3 of the Systems Statement for the City's Comp Plan to identify a park -and -ride facility at 1-94 and Keats as depicted by the Park and Ride Facility Plan to be inconsistent with the City's previously stated opposition to a park -and -ride facility at that location. M/S/P Johnston/DeLapp - to approve the staff recommendations and adopt Resolution No. 2005-119 Requesting a Hearing to resolve the stated disagreements over the content of the Lake Elmo Systems Statement as provided for by State Statute and to invite District 12 Metropolitan Council Member Chris Georgacas to come and meet with the Council. (Motion passed 5-0). LAKE ELMO CITY CQUNCIL MINUTES NOVEMBER 1, 2005 9 10. CITY ATTORNEY'S REPORT 11. CITY ADMINISTRATOR'S REPORT: B. Snowmobile Ordinance: Ordinance No. 97-163 — POSTPONED 12. CITY COUNCIL REPORTS Mayor Johnston reported the Lake Elmo Library is within a day to be turned over to Washington County and opening date is December 15, 205. He also reported that the Ramsey Center for the Arts have volunteer staff members, which is running remarkably well. Council Member Smith congratulated Senn and Youngdahl, who were awarded the fourth annual People's Choice Award for their model home at 9986 T itry Road. The Council Adjourn the meeting at 9:54 p.m. LAKE ELMO CITY COTJNC NOVEMBER 1, 2005 10 CITY OF LAKE ELMO WASHINGTON COUNTY, IVIINNESOTA RESOLU 1 ION NO. 2005-121 RESOLUTION APPROVING CLAIMS BE IT RESQLVED THAT Claim Numbers 290, 291, DD561 through DD572, 28187 through 28218, were used for Staff Payroll dated November 10th, 2005; claims 28219 through 28268, in the total amount of $101,958.87 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 15th day of November, 2005. Dean A. Johnston Mayor ATTEST: Martin J. Rafferty City Administrator Accounts Payable Computer Check Proof List User: administrator Printed: 11/10/2005 - 1:58 PM Invoice No Description Vendor: ACEHARD Ace Hardware 12464 Sump Pump at 3585 Laverne 12474 Sump Pump Kit - 3585 Laverne 13598 Hardware - Hockey Boards 13629 Hardware - Hockey Boards Check Total: Vendor:AIRGAS Airgas North Central 105979315 Annual Welding Tanks Maint. Check Total: Amount Payment Date Acct Number Check Sequence: 1 148.84 11/15/2005 101-450-5200-42230 19.45 11/15/2005 101-450-5200-42230 32.67 11/15/2005 101-450-5200-42250 43.16 11/15/2005 101-450-5200-42250 244.12 18.32 11/15/2005 18.32 Check Sequence: 2 101-430-3100-44040 Vendor:ANCOM ANCOM COMMUNICATIONS, INC. Check Sequence: 3 41961 Chargers - Fire Dept. 215.13 11/15/2005 101-420-2220-43230 Check Total: 215,13 Vendor:ARAM Aramark Check Sequence: 4 629-5841240 Linen - City Hall 59.93 11/15/2005 101-410-1940-44010 Check Total: 59.93 Vendor:ASPENMI Aspen Mills, Inc. Check Sequence: 5 63773 Patches - Fire Dept 292,00 11/15/2005 101-420-2220-44170 63854 Fancy Unifonn - Winkels 428.21 11/15/2005 101-420-2220-44170 63855 Fancy Uniform - Pepin 438.86 11/15/2005 101-420-2220-44170 63856 Fancy Uniform Accessories- Pepin 66.68 11/15/2005 101-420-2220-44170 63857 Fancy Uniform - Malmquist 427.22 11/15/2005 101-420-2220-44170 Check Total: 1,652.97 Veudor:BATTYPL Batteries Plus Woodbury 32-108517 Batteries - Dump Truck - Public Works 239.59 11/15/2005 AP - Computer Check Proof List (11/10/2005 - 1:58 PM) Check Sequence: 6 101-430-3100-42210 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 1 invoice No Vendor:BIFFS W272356-IN W273701-8 Vendor:130YER 50100SP Vendor:BRINES 61347 Description Check Total: Biffs Inc. Portable - Tip -Over - DeMontreville Pk Portables - Rentals Check Total: Boyer Ford Trucks Alternator, Fluid - Bldg Dept. Truck Check Total: Brines Market Bagged Lunches - School Elections Check Total: Vendor:CARQUEST Car Quest 17446 Fuel Filter - Bldg Dept Truck - 01 SI 0 Check Total: Vendor:COLLEGE Permit 3244 Permit 3328 College City Homes Rd Dep. Return 5388 Marquess - 3244 Rd Dep. Return 12476 Marquess - 3328 Check Total: Vendor: COPYIMAG Copy Images, Inc. 66044 Monthly Copier Maint. Check Total: Vendor:CPTELECO 651-207-1000 Check Total: Vendor: DTI 105930-October 105930-Octoher 105930-October 105930-October CP Telecom Telephone Service - City Hall DTJ Telephone Service - Firc Dept Telephone Service - Public Works Telephone Service - Wells Telephone Service - Lift Stations AP - Computer Check Proof List (11/10/2005 - 1:58 PM) Amount Payment Date Acct Number 239,59 30.00 11/15/2005 73.05 11/15/2005 103.05 Check Sequence: 7 101-450-5200-44120 101-450-5200-44120 Check Sequence: 8 173.88 11/15/2005 101-420-2400-44040 173.88 Check Sequence: 9 111.45 11/15/2005 101-410-1410-44300 111.45 Check Sequence: 10 14.55 11/15/2005 101-420-2400-44040 14.55 1,000.00 11/15/2005 1,000.00 11/15/2005 2,000.00 Check Sequence: 11 803-000-0000-22900 803-000-0000-22900 Check Sequence: 12 256.60 11/15/2005 101-410-1940-44040 256.60 Check Sequence: 13 516.20 11/15/2005 101-410-1940-43210 516,20 120.34 11/15/2005 71.16 11/15/2005 35,26 11/15/2005 105.77 11/15/2005 Check Sequence: 14 101-420-2220-43210 101-430-3100-43210 601-494-9400-43210 602-495-9450-43210 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACE -I Enabled: No Page 2 invoice No Vendor:EARLANDE 0069008-1N 0069053-1N Vendor:ELMOLUM 032628-01 032638-01 Vendor:FOUR 23-041015 Description Check Total: Earl F. Andersen, Inc. Signs Sign Repair Materials Check Total: Elmo's Lumber & Plywood Duct Tape - Fire Dept. Light Bulbs - Fire Dept. Check Total: Four Seasons Service Supplies - City Hall Check Total: Vendor:FRANPROD Franklin Products 80735 Badges - Fire Prevention Check Total: Vendor:HAGBERGS Hagbergs Country Market Account 10 City Hall Supplies Check Total: Vendor:ISD834 Educate 834 Vendor:JEFFER 124360 Indep School District 834 Registration for Chuck Dillerud Check Total: Jefferson Fire & Safety Barricade Tape - Fire Dept Check Total: Vendor:LAKEESOD LAKE ELMO SOD FARMS LLC 3969 Sod Check Total: Vendor:LEAGMN 1-0000023848 League of MN Cities Registration - DJ - 2005 Regional Mtg AP - Computer Check Proof List (11/10/2005 - 1:58 PM) Amount Payment Date Acct Number 332.53 779.80 11/15/2005 112.89 11/15/2005 892.69 12.55 11/15/2005 12.43 11/15/2005 24.98 36.87 11/15/2005 36.87 153.98 11/15/2005 153.98 Check Sequence: 15 101-430-3100-42260 101-430-3100-42260 Check Sequence: 16 101-420-2220-42230 101-420-2220-42230 Check Sequence: 17 101-410-1940-44300 Check Sequence: 18 101-420-2220-42090 Check Sequence: 19 28.47 11/15/2005 101-410-1940-44300 28.47 10.00 11/15/2005 10.00 167.21 11/15/2005 167.21 6.82 11/15/2005 6.82 35.00 11/15/2005 Check Sequence: 20 101-410-1910-44370 Check Sequence: 21 101-420-2220-42000 Check Sequence: 22 101-430-3100-42250 Check Sequence: 23 101-410-1110-44370 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: LEOIL B01203 S01203 S01208 Vendor:LINIEWIC Permit 4142 Vendor: MADD MADD Vendor:1VIALMQ BP Claim 11/10 Emp Claim 11/10 Tvl Claim 10/28 Tvl Claim 11/07 Vendor: MARONEYS 115147 115147 115147 Vendor:MENARDSO 43815 44035 Vendor: MILLEREX 11100 Check Total: 35.00 Lake Elmo Oil, Inc. Bulk Fuel - Public Works Fuel - Fire Dept Fuel - Parks Check Total: PhilLiniewicz Rd Dep. Rtn - 8226 26th St - 4142 Check Total: MADD RAMSEY- WASH. CTR Towing Fee - Display - Fire Prevention Check Total: GregMalmquist Burn Permits Reimb. - Beverages Reimb. - State Fire Chief Cont Reimb, - Mileage Check Total: Maroney's Sanitation, Inc Refuse - City Hall Refuse - Public Works Refuse - Parks Check Total: Menards - Oakdale Plywood - Park Shelters Stakes for marking plow routes Check Total: Miller Excavating, Inc. Hauling Dirt, Grading Check Total: AP - Computer Check Proof List (11/10/2005 - 1:58 PM) 1,413.41 11/15/2005 374.18 11/15/2005 21.43 11/15/2005 1,809.02 Check Sequence: 24 101-430-3100-42120 101-420-2220-42120 101-450-5200-42120 Check Sequence: 25 1,000.00 11/15/2005 803-000-0000-22900 1,000.00 Check Sequence: 26 125.00 11/15/2005 101-420-2220-42090 125.00 80.00 11/15/2005 55.86 11/15/2005 216.16 11/15/2005 30.56 11/15/2005 382.58 95.89 11/15/2005 95.89 11/15/2005 183.96 11/15/2005 375.74 51.09 11/15/2005 143.78 11/15/2005 194.87 Check Sequence: 27 101-420-2220-44300 101-420-2220-44300 101-420-2220-43310 101-420-2220-43310 Check Sequence: 28 101-410-1940-43840 101-430-3100-43840 101-450-5200-43840 Check Sequence: 29 101-450-5200-42230 101-430-3100-42240 Check Sequence: 30 961.50 11/15/2005 101-430-3100-43150 961.50 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 4 invoice No Description Vendor:MNNATIVE MN Native Landscapes 2120 Native Grass Seed - Erosion Control Check Total: Vendor: OAKDALE 1000039700 1000046000 Vendor:OFFICEMX 528198 529848 590074 City of Oakdale North Pit South Pit Check Total: OfficeMax Paper Calculator, binders, labels, erasers Toners Check Total: Vendor:PARAWOOD Paramount Auto Service W-162056 Tires - Public Works 98 GMC Check Total: Vendor:PELNAR October 2005 VendorPOSTOFFI Account 19 Vendor:PRESS 11/01 KathiPelnar Animal Control - October 2005 Check Total: POSTMASTER Postage - Newsletter Check Total: StevenPress Cablecast - City Council 11/01/05 Check Total: Vendor:QUANTUM Quantum Digital Imaging 37393 Booklets - Trail Plan Check Total: Vendor:Rivertwn 50035963 RiverTown Newspaper Group Legal Publications Amount Payment Date Acct Number 240.00 11/15/2005 240.00 1,339.16 11/15/2005 3,732.00 11/15/2005 5,071.16 76.36 11/15/2005 103.02 11 /15/2005 295.84 11/15/2005 475.22 448.84 11/15/2005 448.84 994.27 11/15/2005 994.27 378.30 11/15/2005 378.30 54.00 11/15/2005 54.00 168.33 11/15/2005 168.33 77.01 11/15/2005 Check Sequence: 31 603-496-9500-43150 Check Sequence: 32 601-494-9400-43820 601-494-9400-43820 Check Sequence: 33 101-410-1320-42000 101-410-1320-42000 101-410-1320-42000 Check Sequence: 34 101-430-3100-44040 Check Sequence: 35 101-420-2700-43150 Check Sequence: 36 101-410-1320-43220 Check Sequence: 37 101-410-1320-43620 Check Sequence: 38 404-480-8000-43050 Check Sequence: 39 101-410-1320-43510 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 (11/10/2005 - 1:58 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 77.01 Vendor:ROGERS Rogers Printing Services Check Sequence: 40 13083 Letterhead Sheets - Green - City 106.50 11/15/2005 101-410-1320-42000 13083 Letterhead Sheets - Water Billing 146.97 11/15/2005 601-494-9400-42030 13097 Envelopes 97.98 11/15/2005 101-410-1320-42000 13097 Dog License Forms 101,18 11/15/2005 101-410-1320-42030 13097 Bldg Inspection Cards 136.32 11/15/2005 101-420-2400-42030 Check Total: 588.95 Vendor:RUD DianePrince-Rud 10/31-11/9 Cleaning - City Hall 10/31-11/9 Cleaning - Fire Hall 98/109 Cleaning Supplies Check Total: Vendor: STJOSEPH SR14113 St Joseph Equipment, Inc. Backhoe Rental - October 2005 Check Total: Vendor:STPAUL St Paul Stamp Works, Inc. 71850 Animal License Tags Check Total: Vendor:TASCH T.A, Schifsky & Sons 37544 Sand Mix Check Total: Vendor:TWINCIT Twin City Water Clinic, Inc. 2019 Bacteria Analysis - October 2005 Check Total: Vendor:UNIONPAC Union Pacific Railroad Company License Fee Lic. Fee Phase III Proj. 13186.000 Check Total: Vendor:WAS-TRAN Washington County 47026 Striping Roads, Markings AP - Computer Check Proof List (11/10/2005 - 1:58 PM) 240.00 11/15/2005 240.00 11/15/2005 12.76 11/15/2005 492.76 213.00 11/15/2005 213.00 68.20 11/15/2005 68.20 64.39 11/15/2005 64.39 20.00 11/15/2005 20.00 1,500.00 11/15/2005 1,500,00 546.53 11/15/2005 Check Sequence: 41 101-410-1940-44010 101-420-2220-44010 101-410-1940-42110 Check Sequence: 42 101-430-3100-43150 Check Sequence: 43 101-420-2700-44300 Check Sequence: 44 101-430-3100-42290 Check Sequence: 45 601-494-9400-43030 Check Sequence: 46 601-494-9400-43030 Check Sequence: 47 101-430-3100-43150 ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 6 Invoice No Description Check Total: Vendor:WASCOUNT Washington County LE Library Library Bldg Renovation Check Total: Amount Payment nate Acct Number 546.53 Check Sequence: 48 30,000.00 11/15/2005 101-410-1110-44300 30,000.00 Vendor:XCEL Xcel Energy Check Sequence: 49 45862905 3014 Jamley 24.09 11/15/2005 101-430-3100-43810 46072104 2759 Legion 12.07 11/15/2005 101-430-3100-43810 46187398 4259 Jamaca 131.20 11/15/2005 101-430-3100-43810 46193931 Tennis Courts 7.43 11/15/2005 101-450-5200-43810 46195719 11194 1Jpper33rd 34.34 11/15/2005 101-450-5200-43810 46208253 Traffic Light - 998 Inwood 28.I9 11/15/2005 101-430-3160-43810 46214490 3585 Laverne 63.70 11/15/2005 101-450-5200-43810 46219051 11062 34th St 14.37 11/15/2005 602-495-9450-43810 46231696 3510 Laverne - Fire Hall 191.85 11/15/2005 101-420-2220-43810 46244215 Traffic Light - Manning/Stillwater Blvd 21.82 11/15/2005 101-430-3160-43810 46244838 3675 Layton 7.43 11/15/2005 101-450-5200-43810 46357695 Pebble Park 28,45 11/15/2005 101-450-5200-43810 46389079 3511 Laverne - Fire Hall 11,06 11/15/2005 101-420-2220-43810 46391554 City Hall 343.15 11/15/2005 101-410-1940-43810 47156405 8860 Hudson Lift Station 50.66 11/15/2005 602-495-9450-43810 47156405 Softball Field 43.90 11/15/2005 101-450-5200-43810 47156405 Traffic Lights - I94/Inwood 22.13 11/15/2005 101-430-3160-43810 47217372 City Lights 1,611.37 11/15/2005 101-430-3160-43810 47348663 Wells at 3303 Langley, 11975 55th St 757.98 11/15/2005 601-494-9400-43810 Check Total: 3,405.19 Vendor:ZACK Zack's, Inc. Check Sequence: 50 9485 Shop Towels, Paint, Gloves, Brush 188.29 11/15/2005 101-430-3100-42150 Check Total: 188.29 Total for Check Run: Total Number of Checks: 57,137.49 50 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No AP - Computer Check Proof List (11/10/2005 - 1:58 PM) Page 7 MONTH Jan Feb March April May June July Aug Sept Oct Nov Dec 11135 Administration $4,443.11 $2,439.99 $3,375.41 $1,979.81 $3,779.92 $3,795.88 $3,690.32 $2,602.10 $1,178.61 Totals $27,285.15 11140 Criminal Pros $3,456.17 $2,868.68 $3,562.62 $3,328.76 $3,329.95 $3,777.44 $3,349.44 $4,550.31 $3,745.10 CITY OF LAKE ELMO 2005 BILLING SUMMARY 11145 Public Imp. Proj $66.00 $544.36 $77.00 $297.00 $165.86 $121.00 $31,968,47 $1,271.22 11150 Community Dev $673.71 $198.00 $1,956.61 $2,753.61 $390.50 $363.00 $333.50 $352.00 $929.61 11155 Civil Litigation $210.00 $99.00 $954.77 $354.32 $1,261.00 $132.54 $865.07 $723.46 11161 Auto Forfeiture $464.00 $94.50 $318.50 $307.00 $518.00 $40.50 $40.50 $590.61 $1,508.50 $7,950.54 $4,600.16 $3,882.11 TOTAL $9,312.99 $6,145.53 $9,312.14 $9,400.95 $8,669.69 $9,403.68 $7,546.30 $8,960.09 $8,206.28 $0.00 $0.00 $0.00 $76,957.65 10/14/2005 -70 Fifth Street East St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 11135-040010 11135-920001 VACATION OF 55TH STREET 55.00 Administration 1,122.00 1,177.00 FEES EXPENSES 0.00 1.61 1.61 ACCOUNT NO. ADVANCES 0.00 0.00 (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 09/30/2005 11135M BALANCE $55.00 $1,123.61 0.00 $1,178.61 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF Int, MONTH. PAYMEN'FS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE %..tur..tok r.du TO THE NEXT MONTH'S STATEMF1T. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. ,.$00 Fifth Street East St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 ACCOUNT NO. (651) 291-8955 (651) 228-1753 facsimile Federal 'Pax ID #41-0991098 Page: 1 09/30/2005 11140M FEES EXPENSES ADVANCES BALANCE 11140-030001 Misc Prosecutions 3,355.00 33.60 0.00 $3,388.60 1114D-040252 Floyd, Jamiso Tyrone medical card expired 5.00 0.00 0.00 $5.00 11140-050044 Johnson, Mary Jo DOC 5.00 0.00 0.00 $5.00 11140-050051 Braun, Christopher Francis domestic assault, 911 intereference 10.00 0.00 22.00 $32.00 11140-050068 Kleinvachter, Robert M. 2nd degree DUI, test refusal 0.00 0.00 35.00 $35.00 11140-050075 St. Michael, Andrew Thomas .GM-proprty damage, domestic assault 30.00 0.00 0.00 $30.00 11140-050078 Schmotter, Nicholas William GM-911 interference, domestic assault 10.00 0.00 11140-050133 Rassmussen, Lana Marie DAS, no insurance 5.00 0.00 22.00 $32.00 0.00 $5.00 'HAS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO ifik NEXT MONTH'S STATEMENT. PLEASE RFTURN ONE COPY OF STATEMENT WITH PAYMENT. 0 Fifth Street East St. Paul, MN 55101-1197 CITY OF LAKE ELMO 11140-050149 Latimer, Steven 5th degree assault ACCOUNT NO. (651) 291-8955 (651) 228.1753 facsimile Federal Tax ID #4I-0991098 Page: 2 09/30/2005 11140M FEES EXPENSES ADVANCES BALANCE 0.00 0.00 11140-050172 O'Brian, Michael John 4th degree DUI, theft of services marijuana in mv 52.50 0.00 11140-050176 Norring, Dustin Lawrence no proof of insurance, violate limited DL 10.00 0.00 11140-050189 Grobner, Justin Jon 2nd degree DUI 10.00 0.00 11140-050190 Shanley, Patricia Ann 3rd degree DUI, 3rd degree 08, no insurance, expired tabs 10.00 11140-050192 Taylor, William David. GM-DAC-IPS 11140-050197 Jpooru, Conrad Orrin Speed 79/65 0.00 10.00 0.00 5.00 0.00 11140-050200 Carey, Brian Lee no insurance, no proof of insurance 10.00 0.00 11140-050206 Wallen, Kelly Marie 4thdegree DUI 5.00 0.00 0.00 $0.00 0.00 $52.50 0.00 $10.00 0.00 $10.00 0.00 $10.00 0.00 $10.00 0.00 $5.00 0.00 $10.00 0.00 $5.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO Tut. NEXT MONTR'S STATEMENT. PLEASE RETURN. ONE COPY OF STATEMENT WITH PAYMENT. 300 ..;,o Fifth Street East St Paul, MN 55101-1197 CITY OF LAKE ELMO FEES EXPENSES 11140-050209 Salzman, Sandra Ann careless driving 5.00 0.00 11140-050211 Flores, Juan P. DAR 5.00 0.00 11140-050213 Moebakken, Richard GM-DAC-IPS 37.50 0.00 11140-050217 Skogland, Jon Michael 2nd degree DUI, 2nd degree .08 52.50 0.00 3,632.50 33.60 ACCOUNT NO. ADVANCES 0.00 0.00 0.00 0.00 (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 3 09/30/2005 11140M BALANCE $5.00 $5.00 $37.50 $52.50 79.00 $3,745.10 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. 300 ..,1) Fifth Street East . St. Faul, MN 55101-1197 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 BERCMAN ACCOUNT NO. (651)291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 09/30/2005 11145M FEES EXPENSES ADVANCES BALANCE 11145-050001 PUBLIC WORKS BUILDING 121.00 0.00 0.00 $121.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT, PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. 700 Fifth Street East St. Paul, MN 55101-1197 CITY OF LAKE ELMO 3800 LAVERNE AVENDE NORTH LAKE ELMO MN 55042 Pk-A.ERSON, BERG ACCOUNT NO. (6511 291-8955 (651) 228-1753 facsimile Federal Tax ID 441-0991098 Page: 1 09/30/2005 11150M FEES EXPENSES ADVANCES BALANCE 11150-040005 LAKEWOOD EVANGELICAL FREE CHURCH - REZONING SUP 246.00 1.61 0.00 $247.61 11150-050004 FARMS OF LAKE ELMO O.P. DEVELOPMENT 418.00 0.00 0.00 $418.00 11150-050005 OLINGER MINOR SUBDIVISION 55.00 0.00 0.00 $55.00 11150-050007 LAKE ELMO DEVELOPMENT CORPORATION - OP 165.00 0.00 0.00 $165.00 11150-050014 WAKENFUS - VARIANCE 44.00 0.00 0.00 $44.00 928.00 1.61 0.00 $929.61 Tun STATEMENT IS DUE AND PAYABLE TO THE END OFTIEE MONTR. PAYMENTS RECEIVED AFTER aliE LASTDAYOFTHE MONTR WILL BE CREDITED TO THE NEXT NTH'S STAYMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. 00 Fifth Street East St. Paul, MN 55101-1197 pJ FRAMOrBERG Nsit 4,114Vg*VitykolikX-viii,ltaxi tinigueuggli CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 ACCOUNT NO. (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 09/30/2005 11155M FEES EXPENSES ADVANCES BALANCE 11155-040002 ZIERTMAN/SESSING PROPERTY 331.50 0.96 391.00 $723.46 MIS STATEMENT IS DUE ANI PAYABLE TO THE END OF THE MONTH. PAYMENTS P.ECEIVED AFTER THE LAST DAY OF THE MONTR WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. ./Fifth Street Ent St Paul, MN 55101-1197 CITY OF LAKE PLMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 Pft-FESON. BERG ACCOUNT NO. (651) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 09/30/2005 11161M FEES EXPENSES ADVANCES BALANCE 11161-050001 Brama, Angela vehicle forfeiture-2005 Escalade 1,080.00 0.00 322.00 $1,402.00 11161-050006 Remmen, Howard Lester vehicle forfeiture 101.50 0.00 0.00 $101.50 11161-050007 Skoglund, Jon Michael vehicle forfeiture 5.00 0.00 0.00 $5.00 1,186.50 0.00 322.00 $1,508.50 TLJJS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT APIONTTIFS STATEMENT. LLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Lake Elmo Agenda Section: CONSENT AGENDA No 4B. City Council November 15, 2005 Agenda Item: One Day Gambling License: Maplewood -Oakdale Lions Background Information for November 15, 2005: The Maplewood -Oakdale Lions is requesting its annual One -Day (February 6, 2006), Off —Site Gambling License to sell raffles and hold bingo at the Lake Elmo Inn. Staffis recommending approval of issuing the charitable gambling license. Action Items: Motion: , Second , to adopt Resolution No. 2005-1 A Resolution Approving the Issuance of a Charitable Gambling License by the State of Minnesota to the Maplewood/Oakdale Lions. Attachments: Application to Conduct Annual Off -Site Gambling Resolution 2005-122 Person responsible: S.Lumby October 20, 2005 Request a resolution from the City of Lake Elmo authorizing a one day off site charitable gambling activity to be conducted at The Lake Elmo Inn (3442 Lake Elmo Ave N) by the Maplewood Oakdale Lions Club. Gambling activity conducted on the site will consist of a raffle and bingo on the evening of February 6, 2006, with your approval. The Maplewood Oakdale Lions gambling license number is 02118. The Sportmans dinner has been an annual event sponsored by our Lions Clubs at this location for many years. Your action on our request is much appreciated. LL Lion Rose Johnson Gambling Manager Maplewood Oakdale Lions Maplewood Oakdale Lions PO Box 28366 Oakdale MN 55128 Rose Johnson 7913 24th St N Oakdale MN 55128 RESOLUTION NO. 2005-122 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE BY THE STATE OF MINNESOTA TO THE MAPLEWOOD/OAKDALE LIONS WHEREAS, the Maplewood/Oakdale Lions has requested that the State of Minnesota issue a One -Day (February 6, 2006) Off -Site Gambling License; and WHEREAS, the Maplewood/Oakdale Lions has requested to sell raffles and hold bingo at a location within an establishment commonly known as the Lake Elmo Inn, located at 3442 Lake Elmo Avenue N., Lake Elmo, Minnesota; and WHEREAS, the Maplewood/Oakdale Lions comply with the Charitable Gambling rules and regulations as set forth in Section 1110.04 of the Lake Elmo Municipal Code; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Lake Elmo hereby approves the issuance of a charitable gambling application requested by the Maplewood/Oakdale Lions. ADOPTED, by the Lake Elmo City Council this 15th day ofNovember, 2005. Dean Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator TKDA ENGINEERS • ARCHITECTS • PLANNERS November 10, 2005 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Railroad Crossing Agreement Water Systems Interconnect Phase III City of Lake Elmo, Minnesota TKDA Project No. 13186.000 Dear Mayor and City Council; 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com The portion of watermain that crosses under the railroad bridge on Stillwater Boulevard requires a Pipeline Crossing Agreement. That Agreement, along with a Resolution approving it is attached. The Railroad requires $1,500.00 License Fee with this agreement. City Council Action Requested Approve the attached Resolution entering into a Pipeline Crossing Agreement. Sincerely; Thomas Prew, P. City Engineer Enclosure An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-124 A RESOLUTION APPROVING THE AGREEMENT COVERING A PIPELINE CROSSING AT LAKE ELMO WHEREAS, Union Pacific Railroad Company has tendered to the City of Lake Elmo an agreement covering a pipeline crossing at Lake Elmo, Washington County, Minnesota; and WHEREAS, the Lake Elmo City Council has said proposed agreement before it and has given it careful review and consideration; and WHEREAS, it is considered that the best interests if the City of Lake Elmo will be served by the acceptance of said agreement; NOW, THERE BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, that the terms of the agreement submitted by Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted on behalf of said City of Lake Elmo; ADOPTED, by the Lake Elmo City Council on the 15th day of November, 2005. Dean A. Johnston, Mayor Al IEST: Martin J. Rafferty, City Administrator isiov —12 —20135 10:22 TKDA 651 292 0093 P. 02 PLR 940206 ForApproved, AVP-Law PIPELINE CROSSING AGREEMENT Folder No. 02346-53 Mile post: 9.51, Altoona Subdivision/Branch Location: Lake Elmo, Washington County, Minnesota THIS AGREEMENT is made and entered into as of October 31, 2005, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor') and CITY OF LAKE ELMO, a Minnesota political subdivision to be addressed at 3800 Laverne Avenue, Lake Elmo, Minnesota 55042 (hereinafter the "Lic-ensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Oue Thousand Five Hundred Dollars ($1,500.00). Article 11 LICENSOR GRANTS RIGHT. In consideration of theL.icense Fee to be paid by the Licenses and in further consideration of the covenants and agreements herein contained to be by the Lioensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only a 16" pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated September 22, 2005, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above -mentioned, and said Pipeline shall not be used for any other use, whether such use is ,currently technologically possible; or whether such use may come into existence &Irina the life of this Agreement. Article III. CONSTRUCTION. MAINTENANCE AM) OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached_ Ardele IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR - If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, AOL3-10-2005 10:22 TKDA 651 292 0083 P.03 and isquirements, and will inform its contractor of the need to execute the Agreement. 'Under no circumstances will Licensee's contractor be allowed onto Licensors premises without first executing the Contractor's 'tight of Entry Agreement. Artide V. INSURANCE. A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 92346-53, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the Pipeline' located on Railroad right-of-way at Mile Post 9_51, on the Altoona Subdivision/Branch, at or near Lake Elmo, Washington County, 7.vlinnesota. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be s elf-i n s u red with the consent and approval of the Licensor C. All insurance correspondence shall be directed to; Constance R. Alvis Folder No. 02346-53 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha, NE 68/79-1690 Article VL TERM, This Agreement shall talc., effect as oJ and effect until terminated as herein provided_ d sh Article DI. SPECIAL PROVISIONS. Licensee understands and will convey to contractor that the Engineenng Depamneiit of Union Pacific Railroad Company has no structural objections to this proposed project subject to: A Railroad Inspector is required to monitor the drilling under the bridge. • The local Manager of Bridge Maintenance must approve this project prior to construction: James M. McQuitty Mgr Bridge Maintenance 206 Eaton Street St. Paul, MN 55107-1603 AOU-10-72R5 1023 TYDA 651 292 0083 P.04 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written, UNION PACIFIC RAILROAD COMPANY CITY OF LAKE ELMO Manager - Contracts By: Ti : ri0U-10-2005 10:23 TKDA 651 292 0083 P.05 A) B) 0) -O) : PLACE ARROW INDICATING NORTH ' DIRECTION RELATIVE TO CROSSING .--To f NEAREST R. 0. ToWl / tol5T3 IWO. M. 5 AM 1 CALE T. FORM DR-o4O4 -0 REV. 5-15-9$ ENCASED NON-FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. EcTioN LIKE CO0s51$411 THIS 01403304 REWIRED IN ALL 55531, L.0001/003 NOT VINO 304115I+3, ollia/CE TO A LEER. 3OPY7, LINE LS RfoutiE13) FT. ors,. t See tIonw 2) *FT, FT , Lim) (20 WO-) 54)1,10 PI Tr oziss A (r.45041.E710T0 LIE13)0t0 01.00e PioE1.154,) LI ALL 34OLIZOirral„ DISTANOE5 /0 ITE 01P-ABLITED IOW ANC{E5 PONt THE• C.4 21 EASING TO ExTESSI OtT03/3 Tug oo TM 3T 11.110.1 ootl.00 TpE o0O‘TEA 0T 70 4 20 FT,,, CR 30 rT,, £3 BEIM LIEAT 00,1010031 COW -or -PA IT NECESSARY TO PAWN PROPER LEWIN olITSIVE OF TWO. 31 MAMA OF IV PROK THE ENO OE AM RAMPED BRIM) t OF EW CELEFEIT, 03 VIM WY 51111011ND 107616 • 51001AL NEPPX5131,01,T13,2 0175/ BE PRESENT 6101111c 1013/ALLATION IF RAILROAD srgliaLs ABE IR IKE VICINITY of • 5) 41.50WWLE FIKKO &WELTS INCLUNT lbosluiLi OF 00!P0E 1Ox 0070 CO0551,03 0 0VE3017.70 31,000CT0 LO0'7E • 05.1•5 me WIRIER PIP-L.015T TIE PLACED A wololli 00 2 FEET ELLON TRE FAI5TIN0 MIA OPTIC 5ABLE, 0 IFEET OF T. ExISTINO FUSES OPTIC COLE 103/ SE HMO CUG, IS PIPELINE CROSSING WITHIN DEDICATED STREET ES: NO) IP YES, NAME OF STREET DISTRIBUTION LINE OR TRANSmISSION LINE -FT. CARRIER PIPE ' COMMODITY TO BE CON(ED WI Arre0 OPERATING PRESSUR P 1 p wALL THICKNESS AMETER #19 ;MATER/ALOWM E) CASINO PIPE ' ebirghoe, WALL THICKNESS .DIAMETER ;MATERIAL ; NOTE :CASING MUST RAVE r CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASINO PIPE. WHEN FURNTSNING OIMENSIONs, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOD OF INSTALLING CASINO PIPE UNDER TRACKIS): EMT BORE AND JACK (WET BORE NoT FITTED) TUNNEL ;OTRER 7iYMECTICeJAL 1PIGUA- G) WI L CONSTRUCTION BE EFT AN OuTSTDE CoNTRAcToR7 )(yEs;____No.; :NI DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF aopt JACKING PITs WHEN MEASURED AT RIGHT ANGLES To TRACK :II APIPLIoANT HAS CONTACTED 1-800-4SE-Bi$3, U. P. COMMUN C TON DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABL MS; DOES or EXIST IN VICINITY OF WORK TO BE PF0RMED . TICKET NO, 4001F c /co T. RR' 5 WV To 14/La &An° (WAPLEIT 0.0. TOM STEEL ASIN NALL TI4JCJ(MESS CI4ART DI Me TER OF THICKNESS CASING PIPE .25ar It. ID" OR L055 . 3125- 8/16" OVER Ir.d en • 3740" 3/1. OVER I zr . 4315'VIA' OVER Zr-to` .S000" in" OVER .5025" 9/16' OVER 5/11` OVER -Ao" OVER •IIV" MUST BE APPROVED ST R, R. ca. NOTE: Ton CHOW IS ONLY FOR suGOTH STEEL CASING efF15 ;NTH AAINIMAI 'ILO STRENGTH OF 35, goo F51. P(IBIAuLA TO FIGuRC CASINO LENGTH !TTM ANGLE OF CROSSING OTHER THAN SIDA CRassiNo. ROAD biadEr, 00 EV-31R15. EXCAVATION 131413113330 riNgs, EXHIBIT 'A" I FIDE 44{VitlaD %NJ /KV' 5 NIN. DIST. (.20(0) UNION PACIFIC RAILROAD CO, A 0.1. Wft M.F E. 5. LIC(14•70 ENCASED CROSS I NG AT LcYc 4.4 1il ,Kk•E;Tor,,, PITATO (2:ty .-F Vekmo RR FILE NO. -43((7-CS DATF 41.41-47C WARNING 41. CADC.A5(t5a0). o, eccoluaCATIov5 OPARIMAT MAT al CONTACTED IN Aijoim Or ANT WORK ra SETEEPKINE CwISTEW 1.110 Lot.T13,31 I1OE11 OPTIC Mkt. PIESEE1 f-3170-06-1)13 A:.1-10-2005 10:24 TKD 651 292 0093 P.06 PL X 980112 Form Approved, AVP-Law Section 1. LIMITATION AND SUBORDINATION OF RIGHTS (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communicadon, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any dine or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Lieensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION. MAINTENANCE AND OPERATION. (a) The Pipeline shall be constnicted, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co, Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modifie-d and approved by the Licensor's Vice Pfesident-Engineering Services. in the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. (b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. (c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, requited to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President -Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President -Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. plx.tx4b Res1 Estate [mot: RACIFic RAILROAD 400 Voug12s $(1-t4t, Stop 1690 Omaha, Nebraska 66179-/e90 fx. (402) 501-0340 EXhibit B io:24 TKDA 651 292 0083 P.07 PI, X 980112. Form Approwlei, AVP-Law Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the consteuenorn maintenance, repair, renewal, modification, recoestruction, relocation or removal of the Pipeline. All such week shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENS.E. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging: or otherwise. Section. 5. REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property. and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the. Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. rile Pipeline and all pads thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by tbe Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIRER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a eable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensees expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. plx.exb Exhibit 13 I-IOU-10-2005 10:25 TKDR 651 292 0083 P.08 MX980112 Form Approved, AVP-Iaw (b) En addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneysfees, court costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (I) any damage to or destruction of any telecommunications system on Licensor's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Licensor's property, except if such costs, liability or expenses are caused solely by the direct active negligence of the Licensor, Licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL z TAXES. (a) The Licensee shall fully Day for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or nraterialmaes lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, tabor performed, or materials furnished. (b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Wbere such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or deenage to or loss or destruction of property whatsoever, when such injury, death, dainage, loss or destruction grows out of or arises from the taking down of any fencefenon or the moving or disturbance of any other property of the Licensor. plaint) ExhibilB A0V-10-2005 10:26 TKDA 651 292 eme3 P.09 PLX 980112 Form Approved, AVF-1-2.w Section 10. INDEMNITY. (a) As used in this Section, 'Licensor includes other railroad companies using the Licensor's property at ot near the location of the Licensee's installation and their officers, agents, and employees; Toss" includes loss, damage, claims, demands, actions, causes of aetion, faenalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which nay result from; (a) injury to or death of persons whomsoever (iricluding the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). (b) As a major inducement and in consideration of the. License and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises fi-one 1. The prosecution of any work contemplated by this Agreement including the installation, eonstruotion, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof, or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Section 11. REMOVAL OF PIPE LINE I.TPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licen.see's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline, If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, ar its option; upon such termination, at the entire cost and expense of the. Licensee, rernove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In tbe event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER or BREACII, The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. rvb Exhibit 13, dOU-10-2005 10:26 TKDA 651 292 O993 P. 10 PL X 980112 Form Approved, AVP-Lsw Section 13. TERMINATION. (a) If the does no t use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in defai.th in the performance of any covenant or agreement herein contained for a period of thirty (30) written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the othet on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14„ AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. plx.exb Exhibit B A0V-10-2005 10:27 TKDR 651 292 0083 P. 11 PLAVIARALNAGE INS. Fool .Approved, AVP-Law Updated 03/01/2003 Bi llnion Pacific Railroad Company Insurance Provisions For Pipeline / Wireline / Drainage License Agreements Licensee shall, at its 601C cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Conuuerdal General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least $2,000,000 each occurrence or claim and an aggregate Walk of at least $4,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following: • Bodily injury including death and personal injury a Property damage • Fire legal liability (Not less than the replacement value of the portion of the premises occupied) e Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: The employee and worker's compensation related exclusions in the above policy apply only to Licensee's employees • The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed • Waiver of subrogation B. Rus,iness Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $2,000,000 per occurrence or claim. including but not limited to co-verage for the following: • Bodily injury and property damage • Any and all motor vehicles including owned, hired and non -owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: The employee and worker's compensation related exclusions in the above policy apply only to Licensee's employees The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. Red Estate UNION PACIFIC RAILROAD 140C Douglas Strcct, Stop t690 Omaha, rIcbru$ka 68174-1590 fx. (4o2) 5p t-o3.4o AD.1-10-2005 10:27 MDR 651 292 eee3 P.12 PLIWIJDRAINAGEENS. Form Approved. AVP-Law Updated 03/01/2003 C Workers Compensation and Employers Liability insurance including but not bruited to: Licensee's statutory bility under the worlcers' compensation laws of the state(s) affected by this Agreement Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease Policy limit $500,000 each employee If Workers Compensation insurance will not cover the liability of Licensee in states that require participation in state workers' compensation fund, Licensee shall comply with the laws of such states. If Licensee is self -insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: Alternate Employer Endorsement D. Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies, these policies shall "follow form" and afford no less coverage than the primary policy. Other Reomrements E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. F. Licensee agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against Licensor. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's insurance shall be primary with respect to any insurance carried by Licensor. All waivers of subrogation shall be indicated on the certificate of insurance. G. All policy(ies) required above (exclnding Workers Compensation) shall provide severafaility of interests and shall name Licensor as an additional insured. Severability of interest and naming Licensor as additional insured shall be indicated on the certificate of insurance, IL Prior to commencing the Work. Licensee shall furnish to Licensor original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing of any cancellation or material alteration, Upon request from Licensor, a certified duplicate original of any required policy shall be furnished. I. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class Vil or better, and authorized to do business in the state(s) in which the service is to be provided. io: 22 TKDA 4 • 251 292 00E33 P.13 PLAVUDRANAGE VS. Form Approved, AVP-law Updated 03/01/2003 J. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)ibroker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's insurance coverage will be primary. K. The fnt that insurance is obtained by Licensee or Licensor on behalf of Licensee shall not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. TOTAL P.13 TKDA ENGINEERS • ARCHITECTS • PLANNERS November 10, 2005 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: Change Order No. 1 Water Systems Interconnect Phase I City of Lake E1mo, Minnesota TKDA Project No. 13 186.000 Dear Mayor and City Council; 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Due to the late completion of the Phase I Project by the contractor, we entered into discussions with them regarding liquated damages for that project. As a result of those talks we agreed to deduct $10,000.00 from monies due them, and to have them install Phase V watermain at an agreed upon price of $20,000.00. You may recall that Phase V involves directionally drilling 8-inch watermain from the south end of the Tapestry subdivision, through Sunfish Park, to Park Meadows. This project will both provide Park Meadows with water service, and provide a vital link in our water system. If this project were bid, we would have expected to pay about $60,000.00. City Council Action Requested Approve Change Order No. 1 for Phase I of the Water Systems Interconnect. Sincerely; Thomas Prew, P. City Engineer Enclosure An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CHANGE ORDER TKDA Engineers -Architects -Planners Saint Paul, MN November 9 20 05 Proj. No. 13186.000 Ch. To Chris Riley Utilities. Inc. for Water System Interconnect - Phase I for City of Lake Elmo. Minnesota You are hereby directed to .make the following change to September 20 . 20 05 . The change and the work affected thereby is subject covenants. This Change Order will (iner aso) (decrease) (not change) the contract sum by Ten Thousand Dollars and 00/100 This change order provides for changes in the work of this contract according to the following: Add Watermain Interconnect Phase IV (see attached Plans). The cost shall be $20,000, plus the cost of hydrants and services. Contractor shall be paid at the existing unit prices for those items. Work to be completed by December 15, 2005. Liquidated Damages in the amount of $10,000 shall be dedu ted tbr the late completion of Phase I. NET CHANGE =, Amount of Or*al Contract Additions approved to date (Change Order No. 1 (no contract amount change)) Deductions approved to date (Nos. Contract amount to date Amount of this Change Order (Add) (Deduct) Qiange) Revised Contract Amount Approved City of Lake Elmo. Minnesota By Approved Chris Riley Utilities. Inc. Owner Contractor TKDA White - Owner Pink - Contractor Blue - TKDA ge Order No. your contract dated to all contract stipulations and ($ 10.000.00 ). 20,000.00 (10,000.00) 10,000.00 612,000.32 612,000.32 10,000.00 622,000.32 By CITY OF LAKE ELMO WASHINGTON COUNTY, 1V1INNESOTA RESOLUTION NO. 2005-125 A RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR WATER SYSTEMS INTERCONNECT PHASE 1 PROJECT BE IT RESOLVED, that the Lake Elmo City Council hereby approves Change Order No. 1 for the Water Systems Interconnnect Phase I Project, Chris Riley Utilities, Inc., which cost shall be $20,000, plus the cost of hydrants and services and the liquidated damages in the amount of $10,000 shall be deducted for the late completion of Phase I with a NET CHANGE of $10,000, verified by the City Engineer in his memo dated November 10, 2005. ADOPTED, by the Lake Elmo City Council the 15-th day of November, 2005. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator TKDA ENGINEERS • ARCHITECTS - PLANNERS November 10, 2005 Honorable Mayor and City Council City of Lake Elnno, Minnesota Re: Change Order No. 1 Water Systems Interconnect Phase 111 City of Lake Elmo, Minnesota TKDA Project No. 13186.000 Dear Mayor and City Council; 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651)292-0083 Fax www.tkda.com Due to the hurricanes in the Gulf area, the availability of polyethylene pipe, which is an oil based product, is in very short supply. Our contractor has had his order for pipe delayed, and the price substantially increased as a result of these conditions. Tn light of these economic conditions, which are beyond the control of out Contractor, we have agreed to extend the completion date for a portion of this project. We are recommending that the portion of the project necessary to give water service to the Farms of Lake Elmo be completed this fall, and complete the remainder of the project next spring. Within the terms of our contract we cannot pay higher prices for this work. City Council Action Requested Approve Change Order No. 1 for Phase HI of the Water Systems Interconnect. Thomas Prew, P. E. City Engineer Enclosure An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CHANGE ORDER TKDA Engineers -Architects -Planners Saint Paul, MN November 8 20 05 Proj. No. 13186.000 Change Order No. To Chris Riley Utilities. Inc. for Water System Interconnect - Phase III (Jamaca Avenue. Stillwater Boulevard. and 31st Streets) for City of Lake Elmo, Minnesota You are hereby directed to make the following change to your contract dated September 20 20 05 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (not change) the contract sum by Zero Dollars and 00/100 ($ 0.00 ). This change order provides for ch e ork of this contract accordin to the olio : The Interim Completion Date shall be December 15, 2005, to install 16" and 12" watermain from the north side of TH 5 to the east end of the Project on 31st Street. June 15, 2006, shall be the Completion Date for all remaininc, work. NET CHANGE = Amount ofOriginal Contract Additions approved to date (Nos. Deductions approved to date (Nos. Contract amount to date Amount of this Change Order (Add) (Deduet) (No Change) Revised Contract Amount Approved City of Lake Elmo. Minnesota Owner TKDA BY By Thomas D. PresG, P.E. Approved Chris Riley Utilities. Inc. Contractor By White - Owner Pink - Contractor Blue - TKDA 612,000.32 612,000.32 612,000.32 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-126 A RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR WATER SYSTEMS INTERCONNECT PHASE IH PROJECT BE IT RESOLVED, that the Lake Elmo City Council hereby approves Change Order No. 1 for the Water Systems Interconnect Phase LII Project, Chris Riley Utilities, Inc., for the Interim Completion Date shall be December 15, 2005 to install 16" and 12" waterniain from the north side of TH5 to the east end of the project on 31st Street and June 15, 2006 shall be the Completion Date for all remaining work, verified by the City Engineer in his memo dated November 10, 2005. ADOP I ED, by the Lake Elmo City Council the 15th day of November, 2005. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Mayor Dean Johnston Councilmembers Steve DeLapp Elizabeth Johnson Anne Smith Rita Conlin No. 4.E. Agenda Section: Consent Agenda Agenda Item: Ad Hoc Community Improvement Commission Attendance Date: November 15, 2005 Background Information for November 15, 2005. At your last meeting, you directed the CIC to review the absence of Jill Anderson and their meeting schedule. At their meeting on November 9, the CIC recommended that Commissioner Jill Anderson be removed from the CIC for cause. They hope Ms. Anderson will reapply when her time permits. The CIC has established a quarterly meeting schedule for 2006. Motion . Second , to remove Jill Anderson from the Community Improvement Commission for cause, and to thank her for her service to the City and her residents. Attached: 2006 CIC Meeting Schedule DRAFT City of Lake Elm© Ab HOC COMMUNITY IMPROVEMENT COMMISSION 2006 Meeting Schedule January 11 April 12 July 12 Wednesday Wednesday Wednesday thlvf-,FFEv P1npm,Jr4. sston, tonthusD • 1,1 FOR YOUR NFORTVIATION As of November 2005 Monthly Operating Report - Revenue Description Current Ad Vo|nnam Taxes Fiscal Disparities Liquor License VVaabehau|ev Lkmnom - 'General Contractor License Heating Contractor License - Building Permits Surcharge Heating Permits Plumbing Permits Sewer Permits Animal License Utility Permits Burning Permit Local Government Aid MSA-Mainhmnoncg __ Sa�FireAid PERA Aid Gravel Tax Recycling Grant Cable Franchise Revenue _-�__--- �oninQ&Subdk/inionFena Plan Check - -- 8a/e ofCopies. Bpoho. yWepo Assessment Searches | Clean Up Days | Cable Operation Reimbursement Fines Miscellaneous Revenue Interest Earnings |ntorhundOperating Transfers � General Fund Total | ^- Amount Variance - - Water Sales Tower Rent � Total Water Enterprise ^ Total Sewer Enterprise Fund Total Surface Enterprise Fund 1.923.889 901.029 962.960 420 175 1,000 010 QD 10.154 O 10.154 0.000 _ 0 9,000 7.000 _ _ 12.238 _ �'5.238 4�—OO- U 4.000 ''- - -'---- — 1.500 1,514 44 1,500 ' — . 1,965 '465 1.200 1.505 '305 1.375 _ _ 4.794-3,419 1.500 1.375 128 4,000 8.063 937 15'000 32.994 '17.994 O 17'164 -17,104 25,000 _ 28.822 -3,822 63,000 43.782 18.218 1.300 1.185 15 �OO 315 - - 185 - ' - -- 5.00O 5.591 '581 1192Y0 1,786 134 06,000 40,380 18.014 202,500 26,500 229,000 7,020 215.708 -13,298 23.818 '3.318 245J615 �6,615 1,3001 � 5,720 N Total Report _ 2.823.U43 — |Auo[11/16/2UU5 (Period Moyqr& Council Part-time Salaries FICA Contributions Medicare Contributions ' Travel Expense K4iunoUonmuuu 'Dues &Subscriptions !Conferences & Training ! Sub -Total ' Administration !Full-time Salaries |PERAConh1buUono FICA Contributions Medicare Contributions Hoalth8]enba||nsunynoo Workers Compensation Office Supplies .Printed Formn Newu|edenN/obone----- Pontago Travel Expense Legal Publishing |insurance Cable Operation Expense K4iyceUenonuo Dues &Subscriptions Books |Conferences &Training �Profeon|ona| Development Transfer Out Monthly Operating Report Budget Amount Variance Comments Sub -Total ' —/ Elections Part-time Salaries FICA Contributions Medicare Contributions Office Supplies Printed Forms Travel Expense Miscellaneous Conferences &Training _ 'Other Equipment Sub -Total 204 88 116 N 3.S18 ------ - - - - ' - -- ------ ' - 4,000 8,500 4'844 3'558 - 8,000 _ 8.376 '376League of MnCdieo=5087lN+Aasoo.of Metro Muni=2G34l0 5'000 1.724 3,270| 38,679 21,641 17,038 128,235 107,307 7'081 4,889 7.951 6,700 1.859 1.507 10.132 15.210 1.740 1.722 7.000 _5.417 800 519 15.VU0 15,335 9.500 8,692 4,200 903 6.000 5.474 35.000 30.003 1.200 1.074 7.200 24.8801 _2,250 '2�83 500 0 2.500 452 2,000 160 185,032 185.032 20,928 2,1O2 1,251 292 8.013 � 18Anmm|��m�mPo� 1.583 281 -335 809 3,287 520 4,037 '774 '17,08O '83 500 2,048 1.840 U 24,553 Annual Premium Paid Reimbursed byCable Commission Code Codification $12,487 (not Budgeted), Use Tax, Christmas Lights. 11100 0 OO U 16 0 5 � _ �_ O� 0 100 0 100 5351 -285 - ------ 01 500 3401 10 H75| 1,659 Lunches/Dinners for Election Judges Accuvote Equipment Annual Maint. Paid -1- Amount variance [;omme�m ____ Finance Full-time Salaries 'PERAConbibuUnno ,F|CAContr[buUons Medicare Contributions Ham8h8Denbo||nyurenma Workers Compensation Office Supplies ,Printed Forms Software Support Hardware Support Software Programs Travel Expense K4inoaUennoun Dues &Subscriptions Books ,Conferences &Training Accounting Services Assessing Services City Attorney 'Civil City Attorney - Criminal . PlannWnQ& Zoning Full-time Salaries PENAConthbuUono FICA Contributions Medicare Contributions -- - Heo|th/Dento||nuurance Workers Compensation Office Supplies Printed Forms Zoning Ordinance Oov'CDBG Cimarron Study 'CDBG Comprehensive Planning Engineering Services Travel Expense Cable Operation Expense .Miscellaneous Dues &Subscriptions Books Conferences &Training | 61798_ 44,577 _ 3,417 _ 2,430 3.8311 2.708 �� 6� � 7.969 0.�35| � � 838 8301 700 76O| 809 857| 8.995 14,804 8.701 2,5611 1,560 O| 2,000 OO 700 721 10U� 265 2001 O 1,0001 65 88.515 77'680 22,000 26,082 38,0nW_ 33J66 26,06034.372 46,800 39.311 64,631 �O\s74 4,007 087 Sub -Total Engineering Services 7,962 877 500 500 5,000 24,000 10,000 0 2`7Q0 1,200 200 500� 200 2,000 128,788 50.O|4| � 5,463 3,678 860 12,650 � 868 1,844 - 437 426 71,045 0 2,568 1,033 360 800 407 V75 162,387 27,8011 30.214 17,221 � 987 1.003� 1,434� SJAnnuaip[nmium Paid -68 '--- 152 .-5,809 Annual Accounting Software Maintenace-Paid (note: incl. support -all Dept.) 1,140 1,560 1,940 '21 Spec. Assessment Billing 8yWash Oty $450.00 -1U5 200 93520,826 -4,082 5,235 '8'372 5,689 New Annual State Reporting requirements 5.717 '1,889 329 77 '4'6H8 ---- 8Annual Premium Paid '1'344Comp Plan1Nat ha|o 63 5,000 ' 23,574 _ -61,045 Comp Plan Amendment -ExpondKumfundedby reserves, _ 132 - 107 '1G0 -' -- -300 - �� _- -_ 1.125 '33,4Q9| '2,353| -2- Budget Amount Variance Comments Attorney Fees 25,000 1,466 23,534 Gov't Building Cleaning Supplies Building Repair Supplies Telephone Insurance Electric Utility Refuse Repairs/Maint Contractual Bldg Repairs/Maint Contractual Eqpt Miscellaneous Sub -Total Law Enforcement Services Fire Full-time Salaries Part-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Printed Forms EMS Supplies Fire Prevention Fuel Equipment Parts Building Repair Supplies Small Tools & Equipment Physicals Telephone !Radio Internet Travel Expense Vehicle Insurance Electric Utility Repairs/Maint Contractual Bldg Repairs/Maint Contractual Eqpt Rentals - Building Uniforms Miscellaneous Dues & Subscriptions Books Conferences & Training 300 500 5,100 0 6,500 2,000 10,000 7,000 500 31,900 327,633 304 -4 939 5,498 -398 277 -277 -439 Sidewalk Repairs 6,325 175 Anticipated Electric Rates exceeded Budgeted Es 1,117 883 9,579 421 3,968 3,0321 775 -275 City Hall Supplies 28,782 3,118 339,857 -12,224 12,999 13,162 -163 117,200 106,444 . 10,7561 719 2,652 -1,9331 8,034 7,419 6151 1,879 1,735 144 _ 1,677 1,974 -297 3,580 3,5431 37 Annual Premium Paid 1,000 779 221 5001 34 466 1,5001,390 110 4,000 1,671 2,329 4,500 3,143 1,357 500 1,051 -551 2001 340 -140 _ 1,200 1,467 -267 4,000 3,526 474 3,500 .... 4,293 -793 7,500 3,448 4,052 700 0 700 3,000 3,591 -591 14,850 13,197 1,653 Annual Premium Paid 5,700 4,2251 1,475 Anticipated Electric Rates exceeded Budgeted Estimate 7,000 8,9821 _ -1,982 25,000 .33,6611 -8,661 1,080 1,080 1 0 9,5001 6,5971 2,903 1,3001 19,288 -17,988 17,521 For Fire Survey 2,5001 2,377 124 2001 25 175 15,0001 6,859 8,141 bud get Amount variance Pension Contribution Fire State Aid Equipment Transfer Out Sub -Total Building Inspection Full-time Salaries PEFV\Contributions FICA Contributions Medicare Contributions Hem|th/Dantm|!noumnoo Workers Compensation Office Supplies Printed Forms Fuel Engineer SnnUtility Permits Plan Review Charges Surcharge Payments Telephone Travel Expense Insurance Ropm|rs/[NmintContractual Eqpt Rentals ' Building Uniforms K4|ocNbmeouo Dues &Subscriptions Books Conferences &Training Equipment Transfer Out Civil Defense Animal Control Printed Forms Contract Services Impounding Miscellaneous Sub -Total Sub -Total � 25,000 66,414 -41,414 Offset by State Aid Revenue 10,000 5.110 4,890 - 40,00 40,00 U -34,159 All fire accounts need ClObt: Fauidtoring for remainder of year. 125.415 104.122 21,298 0.9355,058 1,877_ 717761 6,471 _ 1,305 1.8101 1/513 3081 18.8451 15,888 2,9591 1,702 1.6641 i0JAmnualPremium Paid 1,100 380 712 1/00 308 692 3.000 822 2.678 2'000 0 2'000 5.000 0 5'000 13.500 7.401 6'039 400 394 8 '- 1,000 1,851 -851 1,2$0 864 230 - - 500 _1,1122 -622 4.500 3,515 886 000 187 413 400 218 182 800 565 285 300 2 288 2.500 1.140 1,300 0 137 '157Noise Meter 5I00 5,000 0 305,292 158.268 47.024 � ����������� 9,000 9,000 o 2501 U| 350| 8�00| 8,734� -- 2�SG� 7,000 10.163 -3,163 200 144 56 16,2501 17,042 -7E2 - Budget Amount vanamoa- ' �------ Comments - Puhl' Ic���� -- ' Full-time Salaries Part-time Salaries PERAConthbv8nno _ FICA Contributions Medicare Contributions Hmafth8]onto||nou,mnce 'Workers Compensation Office Supplies Fuel, Oil and Fluids Shop Materials Equipment Parts Building Repair Supplies EXnaetMaintenance Materials Landscaping Materials Sign Repair Materials 'Gond/Su|L Small Tools & Minor Equipment Engineering Services Oom|coaOng&Crack Sealing Contract Services Telephone 3navm|Expmnoo �|nxunanoe Electric Utility Ref~ ne ! �Repaim8Nain(Contractual Bldg /Ropoim8NaintImp Not B|dgo Rupoim/MantContractual Eqpt Uniforms M|ocoUnnaouo Dues &Subscriptions ___ Cunhmvnnown&Training Clean-up Days Other Equipment Transfer Out .Street Lightin Sanitation Recycling Supplies 'Newsletter Miscellaneous Sub -Total 115.938 70,654 36.284 5,160_ 0 5,160 - 6,607 4,405 2.202 _7�08._ 4.041 2.507 1,750 1.15G 0OO ---- 21'187 17.615 3.572 6.740 0.670 70Annue Premium _Paid 300 S3| 247 � �� 12,000 16,866 4,866|nnreooed-Fue|friceo 2.500 2,297 � 2031 5.0001 3,290 1J10 1,0001 68 9321 12.0001 3.500 8,500 - - 2,500 7 2,40 4'000 5.347 4,347 25'008 8,656 15'844 1.500 1.868 -369 4/000 O 4/00 35,000 - 0 /35/000 45,000 _ _ _36,610 � �81304 2.750 1,686 1,004 � 750 50 70 16,0008J0188.0O2Annual Premium Paid � 9,30QI 5.168 4,132AmUdpoted Electric Rates exceeded Budgeted Ua 1.300 1.117 183 2,0001.133 867 2.5001 29 2,471 8,000 4,966 8,034 1,200 1.320 7129 2'500 2.122 378 500 125 �75 _ 500 5Q5 -95 12,000 - 9'368 2,633 7 ,380 _ 1]516 5.504 199,488 199,488 O 18,0001 14,118 3,88.2 Anticipated Electric Rates exceeded Budgeted Estimate 6.000 4.318 1.084 5�00) 0 5,000 7,1001 1.0451 0,0551 18,100 5,361 12,739 � / Parks Full-time Salaries [Part-time Salaries PERACnnh|but/ons - FICA Contributions Medicare Contributions Hea|(h8]enhn||nnurmnce Workers Compensation Office Supplies Fuel, Oil and Fluids Shop Materials Chemicals Equipment Parts Building Repair Supplies Landscaping Materials Small Tools & Minor Equipment �Te|ephonm !Travel Expense Insurance Electric Utility xemow Repoim/K8ainiContractual Bldg Ropains�MaintImp Not 8Nga Repa|rs/Ma|ntCnntnac*ua| Eqpt Renba|o-BuUd|ngs Un|/hnnn Miscellaneous Dues &Subscriptions !Transfer Out Budget Amount Variance Comments .52,660 38,399 14,261 %5�58 14/B5 11.208 _ 41331 2.594 1.737 4,856 _ 3�813_ __ _ 1.573_... _...... _ 1.136 7G 3O8| ----' — — - ------ ------ 7�41| �__���8O___ 055 __ 2�85 2.558| --- '27Annuo|Pmm�mPa� 2501 — 0| 25O ' 2,2001 743 1.457 500 5Q 447 1.000 050 5O � 4,000 1/405 2.605 500 324� 176 5.000 1,388 8.012 1'000 117 883 1,000 667� 833 O 316: -818 8,500 2,078 1,422Annual Premium Paid � � 7,6001 4,201 3.399 2,40012,024 _376 2,0001 0 2.0001 30,000 __10,308 19.6921 � 1.00 1,564 -56New tires for trailer, repairs toTractor 3.000 5.0871 '2.087 200 O| 200 200 1.875-1,675$70010Property Taxes for 35O5Laverne 100 125 '25 18,0001 18.0001 O Sub -Total 181,917119,859 - Total General Fund | 2,633,621 2,324,6051 281,008 Current estimated projections should meet General Fund Budget for this- 1 | 2005hsua year. - ` -6- Comments � Water Enterprise Operating Full-time Salaries PERAContdbuUono FICA Contributions Medicare Contributions � Hea/th\Denba||nuunmnce Morkers, Compensation Office Supplies �PhniedFonnn Chemicals Utility System Maintenance Water Meters &Supplies Small Tools & Minor Equipment Engineering Services Software Support Telephone Postage Travel Expense Insurance Electric Utility Water Utility RoparsUNainiImp Not UNgo Miscellaneous |Conferences &Training Other Equipment | Sewer Operating Enterprise Full-time Salaries PERACnnbibuhnns FICA Contributions Medicare Contributions Hem/th/Donto||nxu/anoe ,Workers Compensation liUtility System yNe|nt. Supplies 8mnUToo|o&MinorEquipmunt Engineering Services �Tm|ephone Travel Expense Electric Utility Sewer Utility ' Met Council .Repairs\MaintImp Not 8Ngo Miscellaneous Expenses Conferences & Training 7O,1118 3.878 4,347 4,141 -263 -9,82BPayroll Coding issue- See Surface water utility 'O24 - 1,017 1.103 -146 Sub -Total 8,618 2.137 200 1,500 3,000 3,0001 17,5001 5001 8,0001 6,5001 2.OU0| 1,120 1,400 3,433 15,806 8S'00O 8'OOO 10.000 1,020 2,000 2G0R95| 11,993 063 744 174 1.401 4G3| 500, 50 6,000 2,000 0 2'123 O 4,000 600 500 10,242 2'115 _ 314 224 1.554 974 3,819 150 206,821 1,000 051 898 6,449 11.48Q| 71,910 11,795 4,356 955 1,468 -1,624 22Annua|P�m�mP�d _ _ -114 Invoices printed \ 4 1,276 � 1,448 -� 2,026 18,681 350 408.821 Water System Study/Mapping -$08.01U.00(To bereclassified into Capital) 5.500 1.040 1,120 502 '8.U1GAnnual Premium Paid � 4,317 13,090 -3.795 Water Main Breaks 5,644 65 532 427,701 18,910 975 1.177 275 2,489 458 51 1,987 1,222 70 71O| G25| 1,8021 U O| -167,606 'G.Q171Payroll Coding issue- See Surface Water Utility '312 -438 -1O1 '1/09 5Annual Premium Paid 449 500 4.013 778 '7O| 1,4071 -825 2,198 600 500 30,95T| 7O4| -7- uomments - � Suace- Water Utility Full-time Salaries PERAContribudiono FICA Contributions Medicare Contributions HooKh/Denial|nnuronoo Workers' Compensation Office Supplies �Utility System K4aindSupplies ISmall Tools & Minor Equipment Engineering Services Erosion Control Software Support :Postage Contract Services !Ropm|ro/K8a|ntNot Bldg Miscellaneous Expenses Transfer Out 29,523 1,633| 1,830 ' 428 4,346 900 500 2,500 1,000 10.000 5,000 4,000 1,110 2,500 2,500 750 30,31598,8351 0 20,523 Payroll Coding Issue- See Sewer & Water Operating Enterprise 0 1�33 __ __ O 1,830 � O ------4.2.8... O 4,346 Premium _'80� � ­� Q|Annud O 500 ����� OL 2,500 71| 929 9,260 740 240 4,760 O4,000 O 1,110 500 2,000 213 587 0 3O'315 — Lake Elmo Agenda Section: FINANCE No. 5A City Council 11-15-2005 Agenda Item: Public Hearing: Assessment for proposed Unpaid Municipal Utilities Background Information for November 15, 2005: Attached, please find Resolution # 2005-123 for the proposed assessment of unpaid utilities. The City of Lake Elmo by State Statue and City Code has the authority to assess property owners for unpaid utilities and services. All property owners were sent letters regarding past due Municipal Utilities balances. Notification of the Public Hearing was published in the City's legal newspaper on November 04, 2005. Property owners will have until November 30, 2005 to pay the balance due without interest or a fee of $ 25.00 whichever is greater. Action Items: Motion to approve Resolution # 2005-123 for the Person responsible: Assessment of Unpaid Municipal Utilities. Tom Bouthilet Attachments: 1. Resolution 2005-123 2. Exhibit A 3. Public Hearing Notice CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005 — 123 RESOLUTION AUTHORIZING CERTIFICATION TO WASHINGTON COUNTY AUDITOR FOR UNPAID UTILITY BILLS WHEREAS, Minn. Stat. 444.075, subd. 3, permits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts 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 delinquent accounts, 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 one year, and one installment with interest as provided in Exhibit A. 3. The owner of the property may, at any time prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. 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 delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. ADOPTED, by the Lake Elmo City Council on the 15th day of November, 2005. Dean Johnston, Mayor ATTEST: Martin Rafferty, City Administrator PID 06-029-20-32-0040 13-029-21-23-0069 13-029-21-24-0005 13-029-21-32-0003 13-029-21-32-0057 13-029-21-33-0005 13-029-21-43-0007 Name Larson, Joel Wicker, Bill Dittmann, Elmer Murphy, Paul Kaeck, Matthew Prokosch, Fred Simkins, Bill City of Lake Elmo 2005 Proposed Assessment Roll Billing Address 12038 Marquess Lane N. 11079 35th Street 3624 Layton Ave 11057 33rd Street 3308 Lake Elmo Ave 11223 32nd St. 3010 Lisbon Ave Exhibit A Account No. Amount Fee Total 01-00958-00-6 $ 385.25 $ 30.82 $ 416.07 01-00256-00-5 $ 293.65 $ 25.00 $ 318.65 01-00073-00-4 $ 189.77 $ 25.00 $ 214.77 01-00012-00-5 $ 466.96 $ 37.36 $ 504.32 01-00116-00-7 $ 122.67 $ 25.00 $ 147.67 01-00188-00-9 $ 104.95 $ 25.00 $ 129.95 01-00189-00-0 $ 500.60 $ 40.05 $ 540.65 $ 2,063.85 $ 208.22 $ 2,272.07 CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CURRENT MUNICIPAL SERVICES AND/OR MUNICIPAL UTILITIES TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Lake Elmo, Minnesota, will meet in the Council Chambers in the City of Lake Elmo, Minnesota, on the 15th day of November, 2005 at 7:00 p.m. to consider, and possibly adopt the proposed assessment for unpaid municipal services or municipal utilities. You may prior to certification of assessment to the County Auditor, pay the entire assessment, If the assessment is not prepaid before November 30, 2005, the rate of eight percent (8%) interest or a charge of S25.00, whichever is greater, will be applied to the assessment balance. The assessment will be due in full for the taxes payable 2006 calendar year. The proposed assessment roll is on file for public inspection at the Finance Director's office. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment to the affected owners as it deems advisable. Martin J. Rafferty October 29, 2005 Publish in the November 04, 2005 Lake Elmo Leader Notice of Proposed Total Budget and Property Taxes The Lake Elmo City Council will hold a public hearing on its budget and on the amount of property taxes it is proposing to collect to pay for the costs of services the city will provide in 2006. SPENDING: The total budget amounts below compares the city's 2005 total actual budget with the amount the city proposes to spend in 2006. 2005 Total Proposed 2006 Change from Actual Budget Budget 2005 — 2006 $2,712,711 $3,566,804 31.48% TAXES: The property tax amounts below compare that portion of the current budget levied in property taxes in the City of Lake Elmo for 2005 with the property taxes the city proposes to collect in 2006. 2005 Property Proposed 2006 Change from Taxes Property Taxes 2005 — 2006 $1,923,989 $2,149,940 11.74% LOCAL TAX RATE COMPARISON: The following compares the city's current local tax rate, the city's tax rate for 2006 if no tax levy increase is adopted, and the city's proposed tax rate for 2006. 2005 Tax Rate 19.375% 2006 Tax Rate if NO Levy Increase 17.236% 2006 Proposed Tax Rate 19.375% Attend the Public Hearing All Lake Elmo City residents are invited to attend the public hearing of the City Council to express their opinions on the budget and on the proposed amount of 2006 property taxes. The hearing will be held on: Monday, December 5, 2005, at 7:00 p.m. Lake Elmo City Hall 3800 Laverne Avenue Lake Elmo, Minnesota If the discussion of the budget cannot be completed, a time and place for continuing the discussion will be announced at the hearing. You are also invited to send your written comments to: City of Lake Elmo, Mayor's Office 3800 Laverne Avenue, Lake Elmo, Minnesota 55042 Assessment, Taxpayer Services and Elections Department Kevin Corbid Director Date; November 4.2OO5 To: Washington County Cities From: Department of Asnt Taxpayer Services and Elections Subject: Truth inTaxation for Taxes Payable |n20UG Tax Rates for Published Notices for Cities over 3.5OOPopulation Each taxing authority required b»hold aTruth inTaxation public hearing must publish onotice of proposed property taxes and notice of public hearing. The published notices for counties and for cities over 2,500 population are required to include certain tax rate information: ^ the 200Otax rate ° the 2O0Otax rate with nolevy increase ° the %O00proposed rate Page 2of this document contains asummary of the three required rates for the and each city for which VVoohingbm County calculates the tax rate. PoQa 3 shows in detail how the nabao were calculated. Page 4 contains an example of the format of the published notice for cities over2.5OO population which uhovvn how these rates should oppear, as prescribed by the Department of Revenue. You may disregard this notice if your population is less than 2500 or you are not required to hold a truth in taxation hearing. All municipalities were included on the spreadsheet regardless of whether or not they are required to hold a hearing or meet the population criteria. Additional information on Truth in Taxodon publication requirements can be hound on the Department of Revenue's m/obnite at wmmvv. taxes, state. mn.us, Select the following links: Property Tax Administrators; Local Government/Schools; Truth in Taxation for taxes payable 20M Please let us know if you have any questions. Government Center ^14D4Q82ndStreet North --PD.Box G.Stillwater, Minnesota 55082-0006 Phone: 651-430-6175 ^ Fox 651'430' 17O ^ TTY 651-450-6246 www.co,washington.mn.us Equal Employment Opportunity / Affirmative Action CITY OF LAKE ELMO WASHLNGTON COUNTY, MINNESOTA RESOLUTION 2005 — QJ DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE CITY OF LAKE ELMO WHEREAS, the President of the United States of America issued Homeland Security Presidential Directive 5 to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive national incident management system; and WHEREAS, the President, in Homeland Security Presidential Directive 5, tasked the secretary of the U.S. Department of Homeland Security to develop and administer a National Incident Management System; and WHEREAS, the secretary of the U.S. Department of Homeland Security developed and administered the National Incident Management System (NIMS) to provide for interoperability and compatibility among federal, state, and local capabilities, the NIMS will include: a core set of concepts, principles, terminology, and technologies covering the incident command system; multi —agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources; and WHEREAS, Minnesota Governor Tim Pawlenty issued Executive Order 05-02: DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE STATE OF MINTNESOTA; and WHEREAS, the collective input and guidance from all federal, state, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation, and utilization of a comprehensive NIMS; and WHEREAS, it is necessary and desirable that all Washington County, City of Lake Elmo agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the ability of City of Lake Elmo, Washington County, to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of the NIMS are already an integral part of various incident management activities throughout City of Lake Elmo, Washington County, including current emergency management training programs; and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; and NOW, THEREFORE, we do hereby establish the National Incident Management System (NIMS) as the City of Lake Elmo, Washington County, standard for incident management. ADOPTED, by the Lake Elmo City Council on the 15th day of November, 2005. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Alcohol and Gambling Enforcement ARMER1911 Program Bureau of Criminal Apprehension Driver and Vehicle Services Homeland Security and Emergency Management Minnesota State Patrol Office of Communications Office of Justice Programs Office of Traffic Safety Sate Fire Marshal and Pipeline Safety Homeland Security and Emergency Management 444 Cedar Street • Suite 223 • Saint Paul, Minnesota 55101-6223 Phone: 651.296.2233 • Fax: 651.296.0459 • TTY: 651.282.6555 www.dps.state.mn.us National Incident Management System Incident Command System Elements Implementation in Minnesota March 10, 2005 The President of the United States has issued Homeland Security Presidential Directives (HSPD) 5 and 8 that directly impact states and local jurisdictions. In Minnesota, the Division of Homeland Security and Emergency Management (HSEM) is the State Administrative Agency (SAA) responsible for implementing these two directives through administration of the Homeland Security Grant Programs. One of the key elements of both HSPD 5 and 8 is the implementation of the National Incident Management System (NIMS). Minnesota has used a for, ialized Incident Command/Management system for many years. In 1991 the State Legislature established MN Statute 115E, known as the Spills Bill. This bill required the commissioner of public safety to establish and implement an Incident Command System (ICS) within the state, which we now know as the Minnesota Incident Management System (114IMS). MIMS was institutionalized in state training institutions in 1996 and has been embedded in training throughout the state ever since. HSEM recognizes that Minnesota has had a longstanding and well developed Incident Command training program, and we are now well ahead of many states when it comes to implementing the NIMS ICS requirements. Because we have had Incident Command/Management System training embedded in our training curriculum for almost 10 years and our MIMS training program is consistent with NIMS, we have met many of the baseline ICS requirements. The current MIMS curriculum is already ICS 100, 200 and 300 compliant and is currently being updated to include the ICS 400 requirements. The basic ICS training requirement in NIMS is already included in our MIMS curriculum. If your responders have already taken MIMS, you are in good shape for initial compliance with the basic ICS requirements in NIMS. Based upon Minnesota's longstanding incident management training program institutionalized throughout the state, HSEM (as the SAA) now recommends the following steps be taken for initial implementation of Homeland Presidential Directive 5 and 8 for initial NIMS ICS compliance in 2005. Formally recognizing the NIMS by adopting the NIMS principles and policies by resolution or ordinance. Incorporating NIMS into existing training and exercise programs. Incorporating NIMS principles, policies and terminology into Emergency Operations Plans. Institutionalizing the use of the ICS across all disciplines and agencies within your jurisdiction by updating plans and procedures with the NIMS concepts and terminology. (Continued on the back) EQUAL OPPORTUNITY EMPLOYER CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION 2005 — IDS ADOPTING AND PROMOTING THE USE OF INTRASTATE MUTUAL —AID AGREEMENTS WHEREAS, Chapter 12, Section 12.331 allows for Intrastate Mutual Aid, and direct, timely assistance between jurisdictions is critical; and WHEREAS, the possibility of the occurrence of natural and other disasters of major size and destructiveness exists and is increasing; and WHEREAS, there is a need to ensure that preparations ofJURISDICTION will be adequate to deal with disasters; generally protect the public peace, health, and safety; and preserve the lives and property of the people of the state; and WHEREAS, it is necessary to provide for the rendering of mutual aid among the political subdivisions of the state and to cooperate with the federal government with respect to carrying out emergency management functions; and WHEREAS, it is the policy of Minnesota that all emergency response functions of this state be coordinated to the maximum extent with the comparable functions of the state government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparations and uses may be made of the state's labor supply, resources, and facilities for dealing with any disaster that may occur; and WHEREAS, the director of each local organi7ation for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual —aid arrangements for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. These arrangements must be consistent with the local emergency operations plan and, in time of emergency, each local organization for emergency management and its members shall render assistance in accordance with the provisions of the mutual —aid arrangements; and NOW, THEREFORE, be it resolved that JURISDICTION promotes the efficiency and effectiveness of intrastate mutual aid by designating the City Administrator of Lake Elmo, Washington County, who, exercising discretion and considering the needs of the political subdivision and its inhabitants, to dispatch equipment and personnel as considered necessary if a danger of fire, hazard, casualty, or another similar occurrence exists outside the political subdivision and by its suddenness it would be impractical for the governing body of JURISDICTION itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. ADOPTED, by the Lake Elmo City Council on the 15th day of November, 2005. Dean A. Johnston, Mayor ATTEST: Martin J. Rafferty, City Administrator Alcohol and Gambling Enforcement ARMER,1911 . Program Bureau of Criminal Apprehension Driver and Vehicle Services Homeland Security and Emergency Management Minnesota State Prot Office of Communications Office of Justice programs Office of Traffic Safety State Fire Marshal and Pipeline Safety Homeland Security and Emergency Management 444 Cedar Street • Suite 223 • Saint Paul, Minnesota 55101-6223 Phone: 651.296.2233 • Fax: 651.296.0459 • 1•1 Y: 651.282.6555 www.dps.state.mn.us May 18, 2005 State and Local Partners, As Minnesota continues aggressively to implement Homeland Security Presidential Directives (HSPD) 5 and 8, the National Incident Management System (NIMS) is a key element to compliance and effective implementation. The NIMS, the nation's first standardized approach to incident management and response, unifies federal, state, territorial, tribal and local lines of government into one coordinated effort. This integrated system makes the nation and Minnesota safer by establishing uniform response processes, protocols and procedures for all emergency responders. It ensures that those involved in emergency response operations understand their roles and have the tools they need to be effective. Minnesota has used a formal Incident Command/Management system for many years. In 1991, the state Legislature established MN Statute 115E, known as the Spills Bill. This bill required the commissioner of public safety to establish and implement an Incident Command System (ICS), now known as the Minnesota Incident Management System (MIMS). MIMS has been embedded in training throughout the state since 1996. As the state administrative agency and based on Minnesota's longstanding incident management training program, HSEM designates nine steps that state, local and tribal jurisdictions must take for initial implementation of the presidential directives and for initial NIMS ICS compliance in 2005. It is especially important to note that follow— up on these designated steps is necessary in order to remain eligible for future planning and preparedness federal erant prozrams. The nine steps needed for initial implementation of HSPD 5 and 8 and for initial NIMS ICS compliance are identified in a memo dated March 10, 2005, and entitled National Incident Management System: Incident Command System Elements Implementation in Minnesota. A copy of this memo is included for your reference. more EQUAL OPPORTUNITY EMPLOYER DATE October 18, 2005 MOTION BY COMMISSIONER BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. DEPARTMENT Public Health & Environment SECONDED BY COMMISSIONER DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN WASHINGTON COUNTY WFIEREAS, the President of the United States of America issued Homeland Security Presidential Directive 5 to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive national incident management system; and WHEREAS, the secretary of the U.S. Department of Homeland Security developed and administered the National Incident Management System (NIMS) to provide for interoperability and compatibility among federal, state, and local capabilities, and WHEREAS, the NIMS will include: a core set of concepts, principles, terminology, and technologies covering the incident command system; multi —agency coordination systems; unified command; training; identification and management of resources; qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources;' and WHEREAS, Minnesota Governor Tim Pawlenty issued Executive Order 05-02: DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE STATE OF MINNESOTA; and WHEREAS, it is necessary and desirable that all Washington County agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the ability of Washington County to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of the NIMS are already an integral part of various incident management activities throughout Washington County, including current emergency management training programs; and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; and NOW, THEREFORE BE IT RESOLVED, that Washington County adopt the National Incident Management System (NIMS) as the standard for incident management on this 18th day of October, 2005. July 2002 http-J/washnet/forms/CountyBci/Resolution.dot Lake Elmo City Council Nov. 15, 2005 Agenda Section: Building/Fire/Maintenance No. 7 8, Aeenda Item: Building Department Monthly Update Backeound Information for Nov. 15, 2005 A. Construction Activity Report. B. Miscellaneous • Action Items: Person responsible: Informational. No action needed. J. McNamara Attachments: Summary Building Report New Residential New Commercial Other Residential Other Commercial Total I id OGIODer-lUU5 Permits Issued 5 1 Summary Buildin Valuation $2,306,000.00 $1,922,600.00 38 $525,987.00 5 $54,720.00 49 $4,809,307.00 Total Building Fees Collected Plumbing $61,139.93 Summary Plumbing Report 12 $196,900.00 Total Plumbing Fees Collected Summary HVAC Report HVAC 13 Total HVAC Fees Collected Summary Grand Total Fees Surcharge Fee Paid to State SAC Fees Paid to Met Council WAC Fees Paid to Oakdale Misc. Expenses Total Fees Retained Credit Fees to Bldg Credit Fees to Water Credit Fees to Sewer $678.00 $84,243.00 $981.00 $62,798.93 $2,387.36 $0.00 $0.00 $0.00 $60,411.57 $53,216.57 $7,000.00 $150.00 Report New Residential New Commercial tear'tO bate Permits Issued 17 8 Other Residential 295 Other Commercial 38 Total 358 Valuation $8,129,741.00 $4,522,600.00 $4,395,996.00 $811,057.00 $17,859,394.00 Total Building Fees Collected J $252,886.20 I Plumbing Summary Plumbing Report 64 $968,778.00 Total Plumbing Fees Collected 1 $4,921.50 HVAC Summary HVAC Report 82 Total HVAC Fees Collected ummary Grand Total Fees Surcharge Fee Paid to State SAC Fees Paid to Met Council WAC Fees Paid to Oakdale Misc. Expenses Total Fees Retained Credit Fees to Bldg Credit Fees to Water Credit Fees to Sewer $660,655.00 $7,139.40 $264,947.10 $8,808.34 $1,450.00 $500.00 $0.00 $254,188.76 I $230,493.76 $22,700.00 $950.00 Lake Elmo City Council November 15, 2005 Agenda Section: Planning, Land Use and Zoning No. 9A Agenda Item: Alternative Septic Treatment — Austad/Pierre/Hurt Background Information for November 15, 2005: The attached letter from Attorney Rooney is on behalf of three property owners located at the northwest comer of Highlands Trail and Hytrail. The letter requests the City's assistance to either hook these homes to the Metropolitan Sewer line at 54th Street in Oakdale, or locate a site on City -owned property within the Demontreville Nature Area on which to construct conventional drain fields. The petitioners have indicated that they will pay the costs of whichever alternative (if either) is pursued. These 3 lots were platted many years ago recognizing that pre-existing soil conditions would preclude construction of a conventional wastewater drain field. There was an early attempt to correct the high ground water issues on the lots — which did not succeed. The lots were thereafter deemed "unbuildable" by the City for several years. With the adoption by the City of revised State Rules 7080 the option was opened for the builders to construct wastewater systems on the lots that would function properly even with the high ground water tables. The systems designed involved complex pumping/pre-treatment mechanics and an elevated mound -type dispersal drain field. The City Engineer reviewed and approved the plans for those systems, and the homes/systems were constructed. City staff has been advised by the residents that the systems have not functioned as desigied, resulting in numerous problems for the homeowners including back-ups, freezing drain fields and drain field leakage to the surface. There is on -going litigation involving the home owners, builders, and septic installers to determine where liability resides for the system problems. City staff has reviewed several potential alternative drain field solutions on -site and in the immediate vicinity (assnming that the mechanical problems of the systems can be fixed), but no close -in location with reasonable soils for a new drain field or fields has been found. (Alternative Septic — Continued on Page 2) Action items: City Council direction regardingregardin.g tbe alternative septic site request C. of November 8, 2005 (Austad/Pierre/Hunt) on Hytrail Avenue. Attachments: 1. Rooney Letter of November 8, 2005 2. Graphic Pe son resnousible: Time Allocated: (Alternative Septic — Continued from Page 1) The petitioners have indicated to City staff that they have spoken with officials at Oakdale who have indicated a willingness to consider hooking up these homes to the Metro Sewer (within Oakdale) at the end of the 541h Street North Cul-de-sac. While (as noted) the six figure expense of installing sewer piping/ pumps to reach that point and the SAC/City Connection fees would be paid in full by the home owners, the City of lake Elmo would have to do the following for this strategy to become feasible: 1. Secure any necessary easements. 2. Agree to accept the resulting pipe line as public infrastructure. 3. Amend the Comprehensive Plan to designate the homeowners' sites (and likely all property between those sites and the Lake Elmo/Oakdale border) to be within the Metropolitan Urban Service Area (MUSA). 4. Submit the amended Comprehensive Plan to the Metropolitan Council for concurrence. An alternative suggested by City taff, and mentioned by the November 8 Rooney letter as potentially acceptable to the residents, is to locate a conventional drain field site or sites on some of the high ground within the Demontreville Natural Area to which wastewater could be pumped and infiltrated — much like the several existing 201 systems in the City. If the pipe and drain field(s) become City infrastructure (as are the 201's) the appropriate connection fee and quarterly service fee would be charged the property owners, and the City would maintain that infrastructure — still to be constructed at the property owner's expense. At the November 4 meeting with Mr. Rooney and 2 of the 3 petitioners City staff agreed to have Jim McNamara and Tom Prew check the Demontreville site in a preliminary manner to ascertain whether there are any locations there that might work as drain field sites. On November 9 Jim and Tom did a visual inspection of the Demontreville site, and they report that there appear to be locations that could accommodate a septic drain field. A final determination as to the suitability of those locations would require formal soil borings and a design by a certified septic designer. ROONEY & NEILSON, LTD. Attorneys at Law RECEIVE,, 1339 E. County Road I) NOV I 0 2005 Vadnais Heights, MN 55109-5260 Thomas J. Rooney Larry Neilson November 8, 2005 Mr. Martin Rafferty City Administrator City of Lake Elmo 3800 Laverne Avenue Lake Elmo, MN 55042 Dear Mr. Rafferty: Telephone (651) 481-9222 Telefax (651) 481-7038 E-mail: tfrooneydra@aot corn himeilson@hotmaiLcom Thank you for taking the time and assembling the members of the City staff to hear our request for approval of a proposal to connect the Aesthete, Pierre and Hurt residences on Hytrail to an Oakdale Sanitary Sewer located on 54th Street. The connection would be made by a force main and would solve the problems of the Individual Sewage Treatment Systems on these 3 lots. The homeowners have discussed the alternative proposal of building at their expense a drainfield on City owned property on Tract C of Registered Land Survey 98. If this is feasible, it would be acceptable to the homeowners. In either case the line would be placed by directional drilling along the existing drainage easement at the lot lines and under the street. Please let me know when this matter will be considered by the City Council. The Hurts, Pierres and Austads would like to attend the meeting. Thanks. Yours very truly, ROONEY & NEILSON, THO AS J. ROONJY TJR/br Lake Demontrville III; illit 11 on tr. t U111111 !i . I Vicinity Map 0 800 Scale in Feet This drawing *the fest* of a toonpitatfon and tepreduction of tend mortises they amaze En lotions Weatabgton Cow*, Whom The droving shoutd be used tor nafaranoe Neocene*. Washtniaon County W. net reap:motto Irony Vii101.{111A118. 5012M INL.h hairM Canny Surveyor's =ICC Pen. 051) 4.10-8875 Parcel data based on A5400 Information