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HomeMy WebLinkAbout10-18-2011 CCMPCity of Lake Elmo 3800 Laverne Avenue North October 18, 2011 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston Emmons Park Pearson Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E, ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. ACCEPT MINUTES: 1. October 4, 2011 City Council Minutes will be on the November 151 Council agenda H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. CONSENT AGENDA: (Items are placed on the consent agenda by city staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3, 2011 Street and Water Quality Improvements Project; Payment Certificate #3 4. 2011 Crack Seal Project; Obtain Contract Quotes & Award Contract 5. Purchase of Holiday Street Lights 6. No Parking signs along Laverne Avenue N.; Ordinance No, 08-054 . REGULAR AGENDA: 7. Consider Ordinance Change to "Slow, No Wake" Provisions on Lake Jane, Lakes DeMontreville/Olson and Lake Elmo 8, Library Updates K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council • Administrator • City Engineer Planning Director L. Adjourn 'ctnoF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: 10/18/2011 CONSENT ITEM #: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of $ 183,116.56 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $183,116.56 No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda, BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. -CI Amount - - :1eseriptioiI1r- " ACH 7,057.55 Payroll Taxes to IRS 10/06/2011 ACH 1,184.68 Payroll Taxes to MN Dept. of Revenue 10/06/2011 ACH $ 3,904.50 Payroll Retirement to PERA 10/06/2011 DD3591 DD3629 $ 25,379.70 Payroll Dated 10/06/2011 (Direct Deposit) 37597 — 37599 $ 15,554.58 Payroll Dated 10/06/2011 (Payroll) 37600 — 37639 $ 130,035.55 Accounts Payable Dated 10/18/2011 TOTAL :10,116.56 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction -- page 1 -- City Council Meeting October 18, 2011 Approval of Disbursements Consent Agenda Item #2 RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $183,116.56 Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the September, 2011, Disbursements as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 10/18/2011 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff .......... ........ ...... ........... Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion ...................... ..... . ..... .................... .......... Mayor Facilitates -- page 2 Accounts Payable To Be Paid Proof List User. joan z Printed: 10/13/2011 - 1:59 PM Batch: 002-10-2011 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # ALEXA1R Alex Air Apparatus, Inc 20556 10/04/2011 2,007.88 0_00 10/18/2011 Required annual inspections of SCBA's - No 0000 1()1-420-2220-44040 Repairs/Maint Eqpt 20556 Total: 2,007.88 ALEXAJR Total: 2,007.88 ARAM Aramark, Inc. 629-7318862 10/13/2011 93.78 0.00 10/18/2011 Monthly rug service, Station #2 101-420-2220-44010 Repairs/Maint Bldg 629-7318862 Total: 93.78 629-7318863 10/13/2011 92.95 0.00 10/18/2911 Monthly rug service. Station #1 101-420-2220-44010 Repairs/Maint Bldg 629-7318863 Total: 92.95 629-73361 18 09r29/201 1 21.71 0.00 10/18/2011 Uniforms 101-430-3100-44170 Uniforms 629-7336118 Total: 21.71 629-7340949 10/06/2011 21.71 0.00 10/18/2011 Uniforms 101-430-3100-44170 Uniforms 629-7340949 Total: 21.71 ARAM Total: 230.15 BOUTHTOM Bouthilet Thomas 09/2/2011 09/02/2011 300.00 0.011 10/18/2011 Silly String Fall Festival 204-450-5200-44300 Miscellaneous 09/2/2011 Total: 300.00 BOUTHTOM Total: 300.00 C&J CONS C & J Consulting Services, LLP 09-2011 10/03/2011 101-410-1520-43150 Contract Services 09-2011 Total: AP - To Be Paid Proof List (10/13111 - 1:59 PM) 3,175.00 0.00 10/18/2011 Monthly Acctg Services - Scpt 2011 3,175.00 No 0000 0000 1'.10 0000 No 0000 0000 No 0000 Page 1 Invoke # Inv Date Amount Quantity Pmt Date Description Reference C&J CONS Total: 3,175.00 CATESFTN Cates Fine Homes Chk Req 10/06/2011 3,000.00 0.00 10/18/2011 Escrow Return 10929 57th St ;47357 803-000-0000-22900 Deposits Payable Chk Req Total: 3,000.00 CATESFIN Total: 3,000.00 CDW CDW Government Inc. ZTJ4189 09/26,2011 48.71 0.00 10/18/2011 Hard Drive Fire Dept Computer 101-420-2220-44300 Miscellaneous ZTJ4 1 89 Total: 48.71 CDW Total: 48.71 COMCAST COMCAST 09/27/2011 09/271201 1 7.90 0.00 10/18/2011 Monthly Service 101-420-2220-44300 Miscellaneous 09/27/201 Total: 7.90 COMCAST Total: 7.90 COMPENSA Compensation Consultants, Ltd October 09/28/2011 40.00 0.00 10/18/2011 Monthly Admin Fee - October 2011 101-410-1320 14300 Miscellaneous October Total: 40.00 COMPENSA Total: 40.00 COVERALL Coverall of The Twin Cities 7070170737 10/01/2011 32138 0.00 10/18/2011 Cleaning City Hall & Annex 101-410-1940-44010 Repairs/Maint Contractual Bldg 7070170737 Total: 321.38 COVERALL Total:, 321.38 CTYBLOOM City ofBloomington Sept 2011 09r30/20 1 1 40.00 0.00 10/18/2011 Lab Bacteria Tests 601-494-9400-42270 Utility Systern Maintenance Sept 2011 Total: 40.00 CTYBLOOM Total: 40.00 AP - To Be Paid Proof List (10/13/11 - 1:59 PM) Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 0000 No 0000 Page 2 Invoice # Inv Date CTYROSEV City of Roseville 0215218 10/05/2011 101-410-1450-43180 Information Technology/Web 0215218 Total: CTYROSEV Total; ECKBERG Eckberg Lamers Briggs Wolff 09-2011 09/30/2011 101-420-2150-43045 Attorney Criminal 09-2011 Total: 114163 08/31/2011 101-410-1320-43040 Legal Services 114163 08/31/2011 203-490-9070-43040 Legal Services 114163 Total: ECKBERG Total= EMERGAUT Emergency Automotive tech, 10655 09129/2011 410-480-8000-45800 Other Equipment 10655 Total: EMERQAUT Total: ENVENTIS ENVENTIS 737500 10/01/2011 101-430-3100-43210 Telephone 737500 Total: 738507 09/01/2011 101-410-1940-43210 Telephone 738507 Total: ENVENTIS Total: FERGUSON Ferguson Waterworks s01330352.004 09/23/2011 601-494-9400-42300 Water Meters & Supplies s01330352.004 09/23/2011 601-494-9400-44030 Repairs\Maint Imo Not Bldgs s01330352.004 Total: FERGUSON Total: AP - To Be Paid Proof List (10/13/11 - 1:59 PM) Amount Quantity Pmt Date Description Reference Task Type PO # .Close POLine # 1,551.58 0.00 10/18/2011 Monthly IT Services - October 2011 - No 0000 1551.58 1,551.58 4.052.87 0.00 10/18/2011 Legal Services- Prosecution No 0000 4,052.87 10,588.18 0_00 10/18/2011 Legal Services- Civil No 0000 1,046.50 0.00 10/18/2011 Legal Services - Development No 0000 11,634.68 15,687.55 16.933.40 0.00 10/18/2011 Upgrade Lights on E2 to LED No 0000 16,933.40 16,933.40 455.98 0.00 10/18/2011 Telephone/Data Service-PW Oct 2011 - No 0000 455.98 566.62 0.00 10/18/2011 Telephone/Data Service CH Oct 2011 No 0000 566.62 1,022.60 3,444.16 0.00 10/18/2011Meter and Meter Repair No 0000 574.60 0.00 10/18/2011 Curb stop caps and hydrant flags No 0000 4.018.76 4,018.76 Page 3 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # FXL FXL, Inc. Oct 10/01/2011 2,000.00 0.00 10/1812011 Assessing Services - October 2011 No 0000 101-410-1320-43100 Assessing Services Oct Total: 2,000.00 FXL Total: 2,000.00 HAWKINS Hawkins, Inc. 3269071 09/30/2011 901.50 0.00 10/18/2011 Chlorine and Flouride No 0000 601-494-9400-42160 Chemicals 3269071 Total: 901.50 HAWKINS Total: 901.50 KDV Kern DeWenter Viere Ltd 134694 09/30/2011 3,159.00 0.00 10/18/2011 Financial Services - September 2011 No 0000 101-410-1520-43150 Contract Services 134694 Total: 3,159.00 KDV Total: 3,159.00 KUBITSC14 Kubitschek Richard Chk Req 10/11/2011 3,000.00 0.00 10/18/2011 Escrow Return 3308 LE Ave #7610 No 0000 803-000-0000-22900 Deposits Payable Chk Reg Total: 3,000.00 KUBITSCH Total: 3,000.00 LARSON LARSON DIESEL SERVICE, Corp 1109*19001 09/19/2011 20.27 0.00 10/18/2011 Exhaust Clamp 00-1 No 0000 101-430-3120-42210 Equipment Parts 1109*19001 Total: 20.27 LARSON Total: 20_27 LEOIL Lake Elmo Oil, Inc. 09/30/2011 09/30/2011 183.77 0.00 10/18/2011 Fuel No 0000 101-420-2220-42120 Fuel, Oil and Fluids 09/30/2011 Total: 183.77 LEOIL Total: 183.77 LEREL1EF Lake Eimo Fire Relief Assn- 10/12/2011 10/12/2011 7,175.00 0.00 10/18/2011 Fire State Aid No 0000 101-420-2250-44925 City Contribution AP To Be Paid Proof List (10/13/11 - 1:59 PM) Page 4 Invoice # Inv Date 10/1212011 10/12/2011 101-420-2250 41920 Fire State Aid 10/12/2011 Total: LERELIEF Total: Lillie Newspapers Inc. Lillie Suburban 09/30/2011 09/30/201 101-410-1320-43510 Legal Publishing 09/3012011 Total: Lillie Total: LMCIT Cities Insurance Trust League of M 38149 09/29/2011 204-450-5200 11300 Miscellaneous 38149 Total: LMCIT Total: LOFF Loffler Companies, Inc. 1304113 10/03/2011 to) -410-1940-44040 Repairs/Maint Contractual Eqpt 1304113 Total: LOFF Total: LUCZAK Carole Luczak 10/06/2011 10/06/201 I 101-410-1320-43310 Mileage 10/061201 I Total: LUCZAK. Total: MARONEYS Maroney's Sanitation, Inc 0000403468 10/05/2011 101-410-1940-43840 Refuse 0000403468 10/05/201 I 101-420-2220-43840 Refuse 0000403468 10/05/2011 101-430-3100-43840 Refuse 0000403468 l0/05r201 101-450-5200-43840 Refuse 0000403468 Total: AP - To Be Paid Proof List (10/13/11 - 1:59 PM) Amount Quantity Pmt Date Description Reference 40,692,00 0.00 10/18/2011 Fire State Aid 47,867.00 47_867_00 161.27 0.00 10/18/2011 Legal Publishing in the Newspaper 161.27 161.27 500.00 0.00 10/18/2011 Insurance 500.00 500.00 294.74 0.00 10/18/2011 Copy Machines Overages & Base - Sept 11 294.74 294.74 21.52 0.00 10118/2011 Mileage for Clerk Conference 21.52 21.52 108_30 0.00 10/18/2011 Waste Removal - City Hall 47.68 0.00 10/18/2011 Waste Removal- Fire 207.82 0.00 10/18/2011 Waste Removal - Public Works 207.82 0.00 10/18/2011 Waste Removal - Parks 571.62 Task Type PO # Close, POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 5 Invoice # Inv Date Amount Quantity Pint Date Description Reference MARONEYS Total: 571.62 MENARDSO Menards Oakdale 21683 i 0/042011 404-480-8000-45300 Improvements Other Than Bldgs 21683 Total- MENARDSO Total: METCOU Metropolitan Council 0000971839 10/042011 602-495-9450-43820 Sewer Utility - Met Council 0000971839 Total: METCOU Total: 1\41LLEREX Miller Excavating, Inc. 15822, 15823 09/29/2011 101-430-3120-43150 Contract Services 15822, 15823 09/29/2011 404-480-8000-45300 Improvements Other Than Bldgs 15822, 15823 Total: MILLEREX Total: 30.14 0.00 10/18/2011 Cement for Sunfish Bollards 30 14 30.14 Task Type PO # Close POLine # No 0000 1.282.98 0.00 10/18/2011 Monthly Wastewater Svs - November No 0000 1 I 1,282,98 1,282.98 648.90 0.00 10/18/2011 Grading Gravel roads 6,762.05 0.00 10/18/2011 Sunfish Lot Grading, Dirt and Boulders - 7,410_95 7,410.95 ONECALL Gopher State One Call 19788 10/032011 194.30 0.00 10/18/2011 Line Locates - Sept 2011 101 -430-3100-43150 Contract Services 19788 Total: 194.30 ONECALL Total: 194.30 PITNEY Pitney Bowes 446656 10/03/2011 230.83 0.00 10/18/2011 Postage Machine Rental 101-410-1940-44010 Repairs/Maint Contractual Bldg 446656 Total: 230.83 PITNEY Total: 230.83 POSITIVE Positive Promotions, Inc. 4224140 09/16/2011 801.13 0.00 10/18/2011 Fire Prevention Supplies 101-420-2220-42090 Fire Prevention 4224140 Total: 801.13 AP - To Be Paid Proof List (10/13/11 - 1:59 PM) No 0000 No 0000 No 0000 No 0000 No 0000 Page 6 Invoice # Inv Date POSITIVE Total: PRESSA Anastasia Press 10/04/2011 10/04/2011 I 01-410-1450-43620 Cable Operations 10/04/2011 Total: 10/11/11 10/11/2011 101-410-1450-43620 Cablc Operations 10/11/11 Total: PRESSA Total: RIVRCOOP River Country Cooperative 09/30/2011 09/30/2011 101-420-2220-42120 Fuel, Oil and Fluids, 09/30/2011 Total: RIVRCOOP Total: SURPLUS Surplus Services 00009476 09/30/2011 101-430-3100-42400 Small Tools & Minor Equipment 00009476 Total: 20032471 09/30/2011 206-450-5300-42000 Office Supplies 20032471 Total: SURPLUS Total: TKDA TKDA, Inc. 002011002786 418-480-8000-43030 002011002787 409-480-8000-43030 002011002787 601-494-9400-43030 002011002788 409-480-8000-43030 00201 1002789 409-480-8000-43030 1 0103/201 ! Engineering Services 002011002786 Total: 10/03/2011 Engineering Services 10/03/2011 Engineering Services 002011002787 Total: 10/03/2011 Engineering Services 002011002788 Total: 10/03/2011 Engineering Services 002011002789 Total: AP - To Be Paid Proof List (10/13/11 - 1:59 PM) Amount Quantity Pmt Date Description Reference 801.13 55.0Q 0.00 10/18/2011 Cabled CC Mtg - 10/5/11 55.00 55.00 0.00 10/18/2011 Cabled Live Workshop - CC Mtg 10111/11 55.00 1 1 0.0 0 1,023.57 0.00 10/18/2011 Fuel 1,023 57 1,023.57 10.00 0.00 10/18/2011 Strobe Lights 1 0 .00 65.00 0.00 10/18/2011 Furniture, Book Case - Library 65.00 75.00 1,253.14 0.00 10/18/2011 2011 Street Improvement -Water Quality 0.00 10/18/2011 General Engineering-V RA 224.27 0.00 10/18/2011 General Engineering-VRA 1,253.14 112.86 337.13 13.20 0.00 10/18/2011 2011 Seal Coat Project 13.20 202.18 0.00 10/18/2011 Lake E1mo Court Drainage Correction 202.18 Task Type PO # Close POLine No No No 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 7 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine 4 002011002790 10/03/2011 2,326.71 0.00 10/18/2011 Lake Elmo District Sidewalk Maint 409-480-8000-43030 Engineering Services 002011002790 Total: 2326.71 TKDA Total: 4,132.36 VEOLIA Veolia Environmental Services G50001966754 10/1 0/2011 99.41 0.00 10/18/2011 Dumpster for Fall Festival 101430-3100-44380 Clean-up Days G50001966754 Total: 99,41 VEOL1A Total: 99,41 VISALE40 VISA 8040 09/30/2011 555_00 0.00 10/18/2011 Conference - Fire Dept 101-420-2220-44370 Conferences & Training 8040 Total: 555.00 ViSALE40 Total: 555.00 XCEL Xcel Energy 51-0117417-0 10/13/2011 39.86 0.00 10/18/2011 Welcome Sign 101-430-3160-43810 Street Lighting 51-0117417-0 Total: 39.86 51-4504807-7 10/13/2011 49.59 0.00 10/18/2011 Lights at Legion Park 101-450-5200-43810 Electric Utility 51-4504807-7 10/13/2011 93.34 0.00 10/18/2.011 Lift Station 602-495-9450-43810 Electric Utility 51-4504807-7 10/13/2011 35.71 0.00 10/18/2011 Traffic Lights 101-430-3160-43810 Street Lighting 51-4504807-7 Total: 178.64 51-4572945-7 10/13/2011 29.32 0.00 10/18/2011 Street Lights 101A30-3160-43810 Street Lighting 51-4572945-7 Total: 2932 51-4576456-3 10/13/2011 314.35 0-00 10/18/2011 Fire Station 2 101-420-2220-43810 Electric Utility 51-4576456-3 Tetal: 314.35 51-4580376-5 10/13/2011 34834 0.00 10/18/2011 City Hall 101-410-1940-43810 Electric Utility 51-4580376-5 10/13/2011 34.36 0.00 10/18/2011 Traffic Lights 101-430-3160-43810 Sh t Lighting 51-4580376-5 10/13/2011 194_82 0.00 10/18/2011 City Flail 101-410-1940-43810 Electric Utility 51-4580376-5 Total: 577.52 51-4733556-8 10/13/2011 17.30 0.00 10/18/2011 Tennis Court 101-450-5200A3810 Electric Utility AP - To Be Paid Proof List (10/13/11 - 1:59 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 8 Invoke # Inv Date Amount Quantity Prat Date Description Reference 51-4733556-8 Total: 17_30 51-5044219-0 10/13/2011 48.12 0.00 10/18/2011 Parks Bldg 101-450-5200-43810 Electric Utility 51-5044219-0 Total: 48.12 51-5275289-3 10/13/2011 9.95 0.00 10/18/2011 Pebble Park 101-450-5200-43810 Electric Utility 51-5275289-3 Total: 9.95 51-5356323-8 10/13/2011 2,673.35 0.00 10/13/2011 Wells 1 & 2 601-494-9400-43810 Electric Utility 51-5356323-8 Total: 2,673.35 51-5522332-2 10/13/2011 44.78 0.00 10/18/2011 Traffic Lights 101-430-3160-43810 Street Lighting 51-5522332-2 Total: 44.78 51-5747685-4 10/13;2011 132.95 0.00 10/18/2011 Arts Center 101-450-5200-43810 Electric Utility 5 I -57476&5-4 Total: 132.95 51-5916043-7 10/13/2011 19.15 0.00 10/18/2011 Lift Station 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 19.15 51-6429583-8 10/13/2011 16.09 0.00 10/18/2011 Lift Station 602-495-9450-43810 Electric Utility 51-6429583-8 Total: 16.09 51-6433976-2 10/1312011 304.93 0.00 1018;2011 Fire Station 1 101-420-2220-43810 Electric Utility 51-6433976-2 Total: 304.93 51-6625457-1 10/13/2011 33.16 0.00 10/18/2011 Legion Park 101-450-5200-43810 Electric Utility 51-6625457-1 Total: 33.16 51-6736544-2 10/13/2011 1,917.61 0_00 10/18/2011 Street Lights 101-430-3160-43810 Street Lighting 51-6736544-2 Total: 1,917.61 51-6928283-3 10/13/2011 31.30 0.00 10/18/2011 Street Lights 101-430-3160-43810 Street Lighting 51-6928283-3 Total: 31.30 51-6956201-4 10/13/2011 103_29 0.00 10/18/2011 VFW Ballfield Lights 101-450-5200-43810 Electric Utility 51-6956201-4 Total: 10329 51-7538112-1 10/13/2011 500.19 0.00 10/18/2011 Public Works 101-430-3100-43810 Electric Utility 51-7538112-1 Total: 500.19 51-8126093-5 10/13/2011 21.01 0.00 10/18/2011 Water Tower 2 601-494-9400-43810 Electric Utility 51-8126093-5 Total: 21.01 51-8711719-3 10/13/2011 11.41 0.00 10/18/2011 Speed Sign Hwy 5 101-430-3160-43810 Street Lighting AP - To Be Paid Proof List (10/13/11 - 1:59 PM) Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 9 Invoice 4 Inv Date 51-8711719-3 Total: XCEL Total: Report Total: AP -To Be Paid Proof List (10/13/11 - 1:59 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 11.41 7,024.28 130,035.55 Page 10 CITY to LAKE E AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 10/18/2011 CONSENT 3 ITEM #: MOTION as part of Consent Agenda 2011 Street and Water Quality Improvements — Partial Payment No. 3 Ryan Stempski, Assistant City Engineer Craig Dawson, Interim City Administrator Jack Griffin, City Engineer Joe Rigdon, Finance Department SUMMARY AND ACTION REQUESTED,: The City Council is respectfully requested to approve partial payment to Hardrives, Inc. for the 2011 Street and Water Quality Improvements project in the amount of $101,530.37. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda, STAFF REPORT: Hardrives, Inc., the Contractor for the project, has submitted Partial Payment Certificate No. 3 in the amount of $101,530.37. This request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $22,138.69. RECOMMENDATION: Based upon the above infortnation, it is recommended that the City Council approve as part of tonight's Consent Agenda Partial Payment No, 3 in the amount of $101,530.37. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to approve Partial Payment No. 3 in the amount of $101,530.37 to be paid from the Project Fund for the ' 2011 Street and Water Quality Improvements project. [and amended and/or modified at tonight's meeting]. -- page 1 — City Council Meeting 2011 Street and Water QuaIi improvements Payment No. 3 October 18, 2011 Consent Agenda Item # ATTACHMENTS: (1) 1. Payment Certificate No. 3 for the 2011 Street and Water Quality Improvements project SUGGESTED ORDER OF BUSINESS (if removed from the Consent Azenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion ............. ....... ............... ........... ...... . ..... ,.„ Mayor & City Council Action on Motion Mayor Facilitates -- page 2 -- MOWING •AllCrillE0309E '171*Ni The right thne. The right people. TJ ri Proj, No, p 14732.001 Cert. No, To City of Lake Elmo, Minnesota This Certifies that Hardrives, Inc. For 2011 Street and Water Quality improvements Is entitled to One Hundred One Thousand Five Hundred Thirty Dollars and 37/100 ----- ($101,530,37) 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0083 Fax www.tkda.com St, Paul, MN, September 8 , 2011 being 3rd estimate for partial payment on contract with you dated April 19 Received payment in full of a.bove Certificate, - Hardrives, Inc TKDA , 2011 LarryD. hr RECAPITULATION OF ACCOUNT Owner , Contractor , 2011 CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras 469,524.99 I All previous payments 3192104.74 IAll previous credits Extra No, 11 Credit No. 11 II 11 AMOUNT OF THIS CERTIFICATE __$.. 101,530,37 Totals 469,524.99 $ Credit Balance $ There will remain unpaid on contract after 420,635,11 $ payment of this Certificai 1 48,889.88 469,524.99 469,524,99 An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA Engineers -Architects -Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No, 3 Period Ending Auzust 31 , 20 11 Page 1 of 1 ' Proj. No. 14732.001 Contractor Hardrives. Inc. Original Contract Amount $469,524,99 Project 201.1 Street and Water Oitalitv Improvements Location City of Lake Elmo. Minnesota Total Contract Work Completed 442,773,80 Total Approved Credits 0,00 Total Approved Extra Work Completed 0,00 Approved Extra Orders Amount Completed 0.00 Total Amount Earned This Estimate 442,773.80 Less Approved Credits Less Retained Less Previous Payments Total Deductions Amount Due This Estimate $ 0.00 22,138.69 19,104.74 341,243.43 Contractor / Date Engineer Date 101,530.37 0hmd OR' 00 s 601 Z0'6 cverS'Ohi $ - 06ZG6�L9Z 3 •' S' 09'49L' 4 4 Si Z9'96 31V0 01 1NnQWV 31V0 01 A1Ii.NVn0 1Nn0WV 1OVi11N00 AJ.I.LNVn0 .LOViJJN00 AS As ISAVM9Al d S 'ON 315 311NJAV OHFIWI>1 ONV J,73N.LS H109 1V l3NVd MOI 0Nld1t}.J.S Jll ONIdIHl NVlf3 H381.J OOiS-M iiN .__ S3Al2 TAIT (d'g is data ISAVroAA1 747,5n IiVLSNi SONIM no dotLI I I-1d30 HONI.O V6 N 3 ii 3AV d'3. 3VVf11JT1N3W1Abd SITONl ?ht3AI t101 .LIV 3 W31AVd •Sfl ONI ..._ 8?SfiC}O HV-JM 5f50NIWn11H 4Al 3dA 1VOO )f JVl Hod 1V12131.VU SnONINA.la D `itJ121V3Mt`3t10NIWf"tLIE3 tAl.0.9E-,fi' }t,jWV1J�A-hjON snoNINJnhI>3 £A"! 3c1.'l'1 C19$Z 1. )"1H12I3 vtN UVIy-t7 LI la i-Rob-d TN-1 yL fltu 13nvaJ 3SNtLi1+?J•vd3Jd 30V?JJC3f19 NO11O:IHLIOBfJS fd')'1n:i) NilVitvaX3 nON1WnJ.IfJ'1SIX.a .JO 3S©dSld 9 3noN13tS "t nONtWn.Ll£3 ",I.SLX 10350d9t0 3 :'1nOW3ti �._.._..{S3dh L 7 ---I- f.iVVV %1Hd 1f131v1HS —i 3LfJ.ilfliJJaNViib'3"r:} 35NJJ,115 --- 10?31N003IJJb'L'I�; iv1iaoiu 311N4AV OHaWI NOS13N Qlt 1 ivio.t 3f3S ONI000S 9Z NI(139S 'd ar4V laoduui �JNlCIV2JJ A 51Ta NaNHVO NIViI"N0b _ SNOS.,9 OZ Iaa.I.vO.lsnrndnNvonii:Csvoarodaa 61 O11VJSN1'?NlsvJ1-10.1V3-isnfaV d[. n31Nf,0Gf,[,33i11S "1b3$ ^a M4%S L4 t1no; HV7M snoNlwr#lla rnl 3du ............viaadvu'snoNi.. 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NIWl1I11 EA1 Id NOI.LV[iVd3ad'a0v' ins SON(11IW SS30X_31n0 1 VI! 31VW VEi QNv'IILi )(7 Wlvl __ aOOH210 HJ13N SMOOV9W NV1HV11V101anS 9N1000S LE ,05INV19 i1391300CiM aNV ti3Z111149d1'ONI0aas OZ 1I0S1ib.L 30V1d ONv 1i10dWl JNIOVH6 Ha/.I 310HNVW JNLtvt 7i3ti�Np�'i'iV.3,Sh11 `$ iVESw�'FIs.IbOlSnfae' ijNV Sn1113V� NOO 11V1SNI'8 NISV9 r-l1J.HI 1 'lS IVMI iNI .QWJ:3�ais 7v3s" 03 ifVIM sn0TNIWnlrlJ t•Art 1VOa')IO 1 Hp 1VIH`d1VIN SOON( 00 ONli;V7M snONIWni hA1'I 11 • 3sanoa-SNiHv-A-M=NON snor I1 nTIEi enl 3dti11 3V.JN($ 0311IV109a d0 N011Vr1Vd3iId 30VHO lA'Il50N1110 SS. 3053-1.710'1nVF CI HONI.9'Slb'1"43.LWJ 3V8 ONV i.W 'X3 4VIVilIH 0 i1U� 0VtiJ9fl0 dSIQ 4 3AOW321 0dSIO'B3Ab1N3H 3AVd Sn0NMr1irf3'J.SIX3 d03$OdOlO ar10'W1N AVd A' J71ONI•J ]atld1' CS;} OIdJv NdirViiita 000H1.100F1913N SMOQVBW NV1 V N011dlil'J S30 .LN 3tN.3f1V d .3J.9& ;iN N N Avd SnONIWn.L 'ON W311 4007.E LK'ON1OdrAHdVON.L VJ0S3NNIW '0W13 I3)IV1 S.NIN3A08411I Alllvn0 H31VM ONV 133111$ LLOZ 110Z'lE Isn0nV :ale0 £ 'ON 31VWI.S3 LAKE ELMO MAYO& COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: CONSENT ITEM #: 4 MOTION as part of Consent Agenda 10/18/2011 2011 Crack Seal Project — Obtain Contractor Quotes and Award Contract Ryan Stempski, Assistant City Engineer Craig Dawson, Interim City Administrator Jack Griffin, City Engineer Mike Bouthilet, Public Works Joe Rigdon, Finance Department SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving the 2011 Crack Seal Project by directing staff to obtain contractor quotes and retain a contractor to complete the work for a not to exceed total project amount of $19,000. This project is part of the 2011 Infrastructure Reserves Budget. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION AND STAFF REPORT: In accordance with the City's annual street maintenance prop -am, certain street segments have been scheduled to be seal coated in 2012. Best pavement management practices have been established that require these streets to be crack sealed in 2011, one construction season in advance, to prepare the street for the seal coat treatment. This allows the crack sealing to fully adhere to the pavement surfaces, and also allows the Public Works staff to perform minor patching and leveling in preparation of the seal coat work. A field review was recently completed by engineering staff to field verify the proposed street segements. RECOMMENDATION: Based upon the above information, it is recommended that the City Council approve as part of tonight's Consent Agenda the 2011 Crack Seal Project and authorize staff to retain a Contractor to complete the work in amount not to exceed a total project budget of $19,000. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: City Council Meeting 2011 Crack Seal Project — 0 ' _At Quotes and Award Contract October 181h, 2011 Consent Agenda Item # [X] "Move to authorize Staff to retain a Contractor to complete the 2011 Crack Seal Project in a total project amount not to exceed $19,000. [and amended and/or modified at tonight's meeting]." ATTACHMENTS: (2) 1. Quote Package 2. Location Map SUGGESTED ORDER OF BUSINESS (if removed from the Consent Azenda): Questions from Council to Staff ........ ...... ....... .............. Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates -..page2-- 2011 CRACK SEAL PROJECT CITY OF LAKE ELMO, MINNESOTA FOCUS PROJECT NO. 2011.109 TABLE OF CONTENTS Title Pages Cover & Table of Contents 1 Construction Contract Quote Proposal1 Location Map Street List MnDOT Certified Source List October 13, 2011 State of Minnesota Washington County CONSTRUCTION CONTRACT FOR THE 2011 CRACK SEAL PROJECT; PROJECT NO. 2011.109 This Contract, made this clay of 2011, by the City of Lake Elmo, Minnesota (berinafter called the "Owner") and (hereinafter called the "Conteactor"). WITNESSETH that the parties hereto agree as follows: The Contractor sball provide all labor, services, materials, equipment and inachinery, transportation, tools, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals, including profit and overhead, necessary for the performance, testing, start-up, and completion of the work as described herein: DESCRIPTION OF WORK: The Contractor shall route (%" x %"), elean, dry, and seal existing bituminous cracks in the streets shown on the attached Location Map dated October 12, 2011. The work shall be completed per the applicable MnDOT Special Provisions (SP 2005) and in accordance with the special provisions outlined within this Construction Contract. The Contractor shall provide all necessary traffic control in accordance with the MMUTCD. The Contractor shall provide certification that the sealant meets MnDOT 3725. Manufacturers and products are allowed only from the certified source list, Sealant materials may he placed during a period of rising temperature after the air temperature has reached 50 degrees F. The street surface must be completely dry and remain so throughout the application of the sealant material. The Contractor shall conduct the operation so that routing of cracks, cleaning, drying, and sealing are a continuous operation. Traffic shall not be allowed to knead together or damage the routed joints. Routed joints not sealed before traffic is allowed on the pavement shall be re-routed, if necessary, when routing and sealing operations resume at no additional cost to the Owner. Cleaning shall continue until the joint is dry and all dirt, dust or deleterious matter is rernoved from the joint and adjaeent pavement to the satisfaction of the Engineer. Bond breaker tape is to be installed and shall consist of regular masking tape or other suitable bond breaker tape designed for use with hot pour sealants. The width of the tape may be equal to but not more than 1/8 inch narrower than the width of the saw cut. The joints shall be sealed when the sealant material is at the pouring temperature recommended by the manufacturer, The Contractor shall fill the joint such that after cooling, the sealant is flush with the adjacent pavement along the edges and the center does not sag more than 1/8 inch below the pavement or shoulder surface, Care shall be taken in the sealing of the joints so that the joints are not overfilled and the final appearance shall present a neat fine line. Sand shall not be spread on the sealed joints to allow for opening to traffic. The sealant shall be tack free before opening to traffic. A given quantity of sealant material shall never be heated at the pouring temperature for more than six (6) hours and shall never be reheated. The Contractor shall replace any sealant that loses its bond within two years alter the sealant is applied. Actual quantities will be measured and paid per the unit price provided in the quote font] completed by the Contractor. The City may add or reduce the number of streets in the project due to quote price, and the amount of crack sealing being performed. All work shall be completed within the specified time frame and under the terms and conditions provided within this Construction Contract, and in accordance with the "General Conditions" shown in this contract. The contractor shall complete the proposed work by November 15, 2011, The Owner will make payment for the whole contract upon acceptance by the Owner of all work required hereunder and in compliance with all the terms and conditions of this contract. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written. (Contractor) (City of Lake .6Ito) City ofLake Elmo, Minnesota General Conditions for Small Contracts Page 1 of 2 GENERAL CONDITIONS CHANGES IN WORK. - The Owner may at any time, make changes in the drawings and specifications, within the general scope thereof. If such changes cause an increase or decrease in the amount due under this contract or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a "Contract Change Order". No charge for any extra work or material will be allowed unless the same has been ordered on such contract change order by the Owner and the price therefore stated in the order. INSPECTION OF WORK. - All materials and workmanship will be subject to inspection, examination, and test, by the Owner, who will have the right to reject defective material and workmanship or require its correction, 111. COMPLETION OF WORK. - If the Contractor refuses or fails to complete the -work within the time specified in paragraph B of this contract, or any extension thereof, the Owner may terminate the Contractor's rights to proceed. In such event the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess cost occasioned the Owner thereby; and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary therefore. If the Owner does not terminate the right of the Contract te proceed, the Contractor will continue the work, in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor may be required to pay to the Owner the sum of $100 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof Provided, however, that the right of the Contractor to proceed will not be terminated because of delays in the completion of the completion of the work due to unforeseeable causes beyond the Contractor's control and without Contractor's fault or negligence. IV, RELEASES. - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid as required by the Owner. V. OBLIGATION TO DISCHARGE LIENS. - Acceptance by the Owner of the completed work performed by the Contractor and payment therefore by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material -person, or any other persons performing labor upon the work or furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VI. NOTICES AND APPROVAL IN WRITING. - Any notice, consent, or other act to be given or done hereunder will be valid only if in writing, VII. CLEANING UP, - The Contractor shall keep the prenaises free from accumulation of waste material and rubbish and at the completion of the work shall remove from the premises all rubbish, implements and surplus materials. VIII, WARRANTY. - Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Lien.s. If within two years after completion of the work, any work is found to be defective, Contractor shall promptly, without cost to the Owner, correct such defective work as approved by the Owner. IDEMNIFICATION. - Contractor shall defend and indemnify the city against claims broug,In or actions filed against the city or any of its officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract, X, WORKERS' COMPENSATION INSURANCE, - Contractor shall provide a certificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualification as a self -insurer of workers' compensation, XL LIABILITY INSURANCE REQUIREMENTS. — A certifieate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work. The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence and an aggregate limit of not less than $2,000,000, The CGL insurance shall cover liability arising from premises, operations, independent contractors, subcontractors, products -completed operations, personal injury and advertising injury, and contractually -assumed liability. The city shall be named as an additional insured under the CGL. Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with a limit of not less, than $1,000,000 each accident and an aggregate limit of not Less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. City of Lake Elmo, Minnesota General Conditions for Small Contracts Paoe2 of 2 JTEM ITEM NO, 1 ROUTE AND SEAL CRACKS TOTAL CRACK SEAL PROJECT QUOTE PROPOSAL FOR 2011 CRACK SEAL PROJECT PROJECT NO. 2011.109 CITY OF LAKE ELMO, MINNESOTA UNIT QUANTITY UNIT PRICE TOTAL AMOUNT LBS 15,000 The quantities herein are approximate only. Payment will be made for the actual quantities of work ordered and installed. We have examined the site of the work and are acquainted with all conditions affecting the construction of the work. We understand and agree that the City may chose to award the project to the lowest responsible quote or in the best interest of the City. The City reserves the right to reject any or all quotes, to waive any informalities in any Quote, and to omit any part of the above work. We agree that If this Proposal is accepted, we will execute a Contract in the form attached to this bid package. If we are awarded the Contract, we will complete the work by November 15, 2011. Firm Name Signature Signed by Title Contact Phone Number Address Respectfully submitted, City of Lake Elmo 2011 Crack Seal Project Project No. 2011.109 October 13, 2011 STRlErSEGMENTS SCHEDULED FOR CRACKS( Street Segment From 47TH ST N KEATS AVE 50TH ST N MN TH 5 (STILLWATER BLVD) 50TH ST N LILY AVE N 50TH ST N CSAH 1T (LAKE ELMO AVE N) 51ST ST NKEATS AVE N 55TH ST KEATS AVE 59TH STREET CT N KEATS AVE N LARKSPUR LN N LINDEN TRAIL LILAC LN N LINDEN TRAIL N LILAC PL N LINDEN TRAIL N LILAC WAY N LINDEN TRAIL LILY AVE N 50TH ST LINDEN TRL N LILAC WAY LINDEN TRL N LILAC LANE N LINDEN TRL N LARKSPUR LN LINDEN TRL N 50TH ST N LINDEN TRL N 50TH ST LINDEN TRL N LILAC PLACE LINDEN TRL 14 LARKSPUR LANE MARQUESS LANE CV N MARQUESS LANE MARQUESS LN N MARQUESS LANE MARQUESS LN N MARQUESS TRAIL MARQUESS TRAIL CFR N MARQUESS TRAIL MARQUESS TRAIL CT N MARQUESS TRAIL MARQUESS TRL N MARQUESS LANE MARQUESS TRL N 55TH ST N MARQUESS TRL N MARQUESS WAY MARQUESS TRL N MARQUESS WAY MARQUESS TRL N MN TH 5 (STILLWATER BLVD ) MARQUESS WAY N MARQUESS TRAIL 2017 To KIMBRO AVE N LINDEN TRAIL N LINDEN TRAIL N LILY AVE N WEST END WEST CUL-DESAC WEST LINDEN TRAIL SOUTH END • EAST END EAST END SOUTH END LILAC PLACE MN TH 5 (STILLWATER BLVD) LARKSPUR LANE LINDEN TRAIL NORTH END LARKSPUR CT LILAC LAN N CUL-DE-SAC MARQUESS GV MARQUESS CV CUL-DESAC CUL-DE-SAC MARQUESS TRAIL CIRCLE MARQUESS LANE MARQUESS WAY MARQUESS LANE MARQUESS TRAIL CIRCLE MARQUESS TRAIL Length Width CDS LBS 2,557 32 0 1,063 1,751 24 0 438 1,553 24 0 388 3,174 24 0 733 2,934 24 0 733 950 24 53 344 1,453 23 0 418 533 22 0 147 905 22 D 311 533 22 0 223 533 22 0 223 3,006 39 0 1,177 1,801 22 0 495 557 32 0 223 216 22 0 59 415 22 0 114 2,053 24 0 616 218 22 0 60 524 22 0 144 175 24 60 101 351 26 0 97 1,005 24 0 251 407 24 60 159 584 24 60 203 829 24 0 207 207 24 0 52 408 24 0 102 479 24 0 120 723 24 0 181 1,458 24 0 365 32.394 TOTALS 10,000 Ar Area (SY) 85,433 9,448 35,016 3,891 31,062 3,451 63.475 7,053 58,872 6,519 27,518 3,058 33,426 3,714 11,735 1,304 24,917 2,769 17,855 1,984 17,858 - 1,954 94,181 10.485 39,632 4,404 17,832 1,981 4,755 528 9.121 1,013 49,276 5,475 4,797 533 11,529 1.281 8,064 896 7.721 - B56 20,093 2,233 12,711 1,412 16,257 1.806 16.583 1,843 4,139 460 8,169 908 9,573 1,064 14,467 1,607 29,169 3,241 784,638 87,182 CRACK SEAL PROJECT COST S Minnesota Department of Transportation Hot Pour Joint Filler and Crack Sealer Certified Source List 3725 McAsphalt, Ind Berm 3060 LM Deery American Corp. Decry 101 ELT Crafco Roadsaver 522 P Sr. T Products Durafill 3725 V.R. Meadows Sealtight 3405 MLR Maxwell Products Elastoilex 72 ° $ I ) a's vs I ,y 'Iry I : 1 .• t 7 .• ....... ais as: c $4 — tk 1,.'4k kkk 44,44444 The City of Lake Elmo Municipal Street City Hall State Aid Street County Raid 5's Public Worbs Building Coonly Slate Aid Highway MN Highway Fire Stations Interstate Railroad Section Line Schools Lake Elmo City Limit 1 , ' Parcels Subdivisions City Parks Golt Gout se Lake Elmo Regional PSIS Rntl le Lakes tatis OsIs OassIss CSsesS "SIMMS LAKE i ELMO 1 MAYOR & COUNCIL COMMUNICATION DATE: 10/18/2011 CONSENT ITEM #: 5 MOTION AGENDA ITEM; Holiday Street Lighting SUBMITTED BY: Mike Bouthilet THROUGH: Craig Dawson REVIEWED BY: Craig Dawson, Anne Smith SUMMARY AND ACTION REOUESTED: Purchase new holiday street lighting for the downtown area of Lake Elmo. BACKGROUND INFORMATION: The current holiday lights are in 13 years old and in poor shape. The current lights were donated by the Jaycees, but unfortunately they were purchased without consulting staff. The lights are too wide and have been hit numerous times by truck traffic. The lights are also too heavy to be put up by ladder, so a boom truck has to be rented for installation and removal. The new lights are significantly lighter, narrower, and LED powered which is a more durable and energy efficient light. The lights are placed primarily on Lake Elmo Ave between 33rd Street and TH5, along TH5 from Gorman's Restaurant to Hagbergs, and on the corner of Laverne and 3611) Street. STAFF REPORT; Two quotes for 24 new lights (12 ea. bell, 12ea. flame candle) were as follows: • Main Street Design $5,508,00 phis tax (no shipping charges) Temple Display $6,420.00 plus tax and $513.00 shipping Funding has been requested to the Jaycees, but we will not know how much, if any, until they meet again on November 3rd, Current funding will be from the Fall Festival Fund and any donated money from the Jaycees will go back to the fund. Some of the pole outlets have to be repaired or new outlets added. Cost is undetermined because it is a by the hour electrician cost, but a not to exceed $800,00 figure be included in this request. RECOMMENDATION: Purchase the Holiday Lights from Main Street Designs for $5,508.00 plus tax, and a not to exceed $800.00 electrical budget from the Fall Festival Fund and any donated money reimbursed to the fund. -- page 1 City Council Meeting 4 [Holiday Lights] [10-18-2011] Consent Agenda Item # [5] ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS: Introduction of Item .„.. ..... . ........ Report/Presentation Questions from Council to Staff Public Input, if Appropriate Call for Motion ........ ........... ...... ............. ........ ......., ..... City Administrator Public Works Supt. Mayor Facilitates ..... ...... .................. ......, Mayor Facilitates ... .,....... ...... ................... Mayor & City Council Discussion Action on Motion....................... Mayor & City Council .............. ...... .............. Mayor Facilitates page 2 -- AYOR COUNCIL COMMUNICATION DATE: 10/18/2011 CONSENT ITEM #: 6 MOTION [or DISCUSSION] AGENDA ITEM: Consider Ordinance No. 08-054 — No Parking Signs at Laverne Avenue North at Highway 5 SUBMITTED BY: Request of City Staff THROUGH: Mike Bouthilet, Public Works Director REVIEWED BY: Craig Dawson, Interim City Administrator SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider Ordinance No. 08-054 regarding the proposed modifications for "No Parking" sings on Laverne Avenue North at Highway 5. BACKGROUND INFORMATION & STAFF REPORT: This item has been scheduled at the request of the City Public Works Department. It has been reported that increased traffic from parents bringing/picking up their children at the Lake Elmo Elementary School have safety concerns for the intersection of Laverne Avenue North and Highway 5. Park and Ride cars are parked too close to the Stop sign causing cluttering and impaired visibility for drivers to pull out onto Highway 5. If approved, the Public Works Department would post one "No Parking Here to Corner" sign South Bound — West Side from Highway 5 North 80 feet and two "No Parking" Signs North Bound 180 feet from Highway 5 East Side. RECOMMENDATION: The City Council is respectfully requested to consider Ordinance No. 08-054 regarding the proposed modification for Laverne Avenue North at Highway 5: "Move to approve Ordinance No. 08-054, directing placement of one "No Parking Here To Corner" sign, South Bound — West Side from Highway 5 North 80 feet and Two "No Parking" signs North Bound — 180 feet from Highway 5 East Side" ATTACHMENTS: Ordinance No. 08-054 page 1 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 08-054 AN ORDINANCE ADDING CHAPTER 73, SCHEDULE 1: (PARKING PROHIBITED) TO THE LAKE ELMO MUNICIPAL CODE Section 1. Amendments: Chapter 73: Parking Schedules, Schedule 1: Parking Prohibited is hereby added to the Lake Elmo Municipal Code: to wit: 1 One "No Parking Here To Corner" Sign, South Bound — West Side from Highway 5 North 80 feet; Laverne Avenue North at Highway 5; 2. Two "No Parking" Signs North Bound — 180 feet from Highway 5 East Side Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. ADOPTED by the Lake Elmo City Council on October 18, 2011. Dean A. Johnston, Mayor ATTEST: Sharon Lumby City Clerk Published in the Oakdale -Lake Elmo Review on the day of November, 2011 r CITV OF LAKE ELMOMA/OR 1 COUNCIL COMMUN/CAT/ON DATE: 10/18/2011 REGULAR ITEM #: 7 DISCUSSION/ACTION AGENDA ITEM: Accept Petitions and Consider Possible Revisions to Ordinance Section 97.21 Regarding "No Wake" Hours of Operation on Area Lakes SUBMITTED BY: Request of Mayor & City Council THROUGH: Craig Dawson, Interim City Administrator Dave Snyder, City Attorney Mike Bouthilet, Public Works Director SUMMARY AND BACKGROUND INFORMATION: The City Council has scheduled this item to accept resident petitions and discuss possible revisions to City Ordinance Section 97.21 governing operation of motor craft and the hours of "no wake" speeds on area lakes. These lakes include Olson-Demontreville, Jan and Elmo. Lake Elmo has restrictions in place on area lakes for "no wake" operation from sunset to 12 noon the following day. However, there is no record of any significant enforcement actions taken with respect to this provision. Enforcement is undertaken by the Washington County Sheriff's Office on behalf of the City of Lake Elmo. In August, area property owners from Lake Jane submitted a petition to the City requesting the City Council changes these "slow, no wake" provisions to sunset to 9 AM. Earlier this week, other property owners from Lake Jan submitted a petition to the City opposing such changes. Property owners along lakes Olson-Demontreville and Elmo have spoken predominantly against such changes. Attached for Council information are the state regulations governing surface water activities and restrictions. According to state officials, Lake Elmo's current time restrictions have been previously deemed acceptable (they mix clearly -stated approved time restrictions found in Section 6110.3700 Subpart 6). The City Council has the option of leaving the current restrictions as is, adopting a set of restrictions currently enumerated by the MNDNR, or changing the current restrictions and seeking a variance from the MNDNR should these new time restrictions not follow enumerated options. Additionally, the MNDNR has opined that any change in such restrictions should, at a minimum, be applied to all connected bodies of water (Olson-Demontreville, for example). Restrictions — page 1 -- City Council Meeting October 17'1, 2011 Consider Ordinance Changed to "Slow, No Wake" Provisions on Area Lakes Regular Agenda Item # 7 which change between different connected bodies of water, or vary from lake to lake within a jurisdiction are noted to be more difficult to post and enforce but are not, however, prohibited outright. It is also noted that, as public lakes, non -adjacent property owners, other residents of Lake Elmo, and other Minnesotans and non-residents utilize these lakes in accordance state and local regulations. As the State of Minnesota's Department of Natural Resources has jurisdiction and statutory review over such local ordinances (to ensure they are not in conflict with State law), any action taken by the City Council will have to be submitted to MNDNR for final approval. OTHER CONSIDERATIONS: The Minnesota DNR has not undertaken its review of the City's Ordinance, including both recently made or previously adopted but apparently not submitted for DNR review. It is anticipated that this effort will be initiated sometime this fall, after the City Council considers tonight's issue. RECOMMENDATION: It has been requested that the City Council accept the residents' petitions and consider possible changes to Ordinance Section 97.21 Regarding "Slow, No Wake" Provisions relating to hours of operation on area lakes. The City Attorney can advise the City Council, should the Council wish to take specific action at tonight's meeting. Should formal changes be made to the Ordinance, however, it should be noted that DNR approval will still be required. ATTACHMENTS: 1. Ordinance Section 97.21 — Current Language 2. Water Surface Use Rules and Statues — MNDNR (FEB 2007) 3. Lake Jane Resident Petition #1 — August 25, 2011 4. Lake Jane Resident Petition #2 — October 12, 2011 SUGGESTED ORDER OF BUSINESS. Introduction of Item ....... . ................... ............ ...... . ..... ........... City Administrator Questions from Council Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion, if Appropriate..........................„.... ...... Mayor & City Council Discussion Mayor Facilitates Action on Motion, if Appropriate . Mayor & City Council -- page 2 -- CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-050 AN ORDINANCE TO ALLOW THE CITY COUNCIL TO EXTEND THE "NO WAKE" REQUIREMENTS UNDER THE WATER SURFACE USE ORDINANACE Section I. The City Council of the City of Lake Elmo hereby ordains that Section 97.21 subdivision (B) is hereby amended to read as follows: (B) Hours of operation. (1) Normal Conditions - No person shall operate any motorboat at a speed other than a slow, no -wake speed between sunset and noon the following day, (2) High Water Conditions - No person shall operate anv motorboat at a speed other than a slow. no -wake speed whcn a lakc lcvcl cxcccds (3). Other Conditions — Alternative or modified no -wake time periods may be established by the City Council by Resolution as part of a special event or other condition. No person shall operate anv motor boat in a manner which creates a wake when no -wake signs are posted. Section 2. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo, This Ordinance No. 08-050 was adopted on this 191h day of July, Ayes and GNays. ATTEST: Bruce A. Messelt, Cit Administrator This Ordinance N ayor Dean Johnston 0 waspub1ished on the day ofJuly, 2011 • Water Surface Use Rules And Statutes DEPARTMENT OF NATURAL RESOURCES Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-4046 February 2007 Dear Water Surface Use Manager: Each year the Minnesota Department of Natural Resources (DNR) receives numerous inquiries regarding water surface use management. This packet contains general information concerning the rules and statutes that may govern the water surface of lakes and rivers in Minnesota. Water surfaces are managed through numerous statutes and rules. Minnesota Rules parts 6110.3000- ,3800, Water Surface Use Management (WSUM) Rules describe the goals of the rules, require an assessment of the water surface use conditions, and establish water surface management standards or parameters, which may be included in an ordinance. For more specific information, a copy of the statutes and rules are enclosed. Also, see the note on "Enforcement" in the sample ordinance that is enclosed. Governmental units formulating, amending or deleting controls for water surface use must submit the following information to the DNR for review prior to adopting a proposed WSUM ordinance: • A water surface worksheet with a map of the water body, highlighting the affected areas. • A statement explaining the necessity for the ordinance and the solution to the problem this ordinance will offer. • A copy of the proposed ordinance (sample wording is included). • An account of the public hearing held concerning the proposed controls, including an account of the statements of each person who testified. Generally, if more than one governmental unit at the same level (town to town, city to city or county to county) has jurisdiction over the particular body of water, they all must have an ordinance with identical restrictions and have a signed joint powers agreement. All of the affected governmental units must submit the required information to the DNR for approval. Enclosed is an example of a WSUM ordinance that was approved by the DNR. If for some reason the DNR denies the proposed ordinance, then the denial will be sent in the form of a letter, which will explain the reasons for denial. The governmental unit may amend the proposed ordinance in accordance with the denial letter and resubmit the proposed ordinance for a second review by the DNR. The DNR will notify the governmental unit in writing of approval or denial within 120 days after receiving all of the above information. The governmental unit adopting an ordinance must provide for notification of the ordinance to the public, which involves placing signs at public watercraft launch sites outlining essential elements of the ordinance. For further information about water surface use management, call me at the DNR, Boat and Water Safety Section at (651) 259-5343 or e-mail me at: kirmelverumrcOdnr.state.mn.us. Sincerely, Kim A. Elverum Boat and Water Safety Coordinator Enclosures MINNESOTA WATER SURFACE USE MANAGEMENT RULES 6110.3000 POLICY. It is the policy of this state to promote full use and enjoyment of waters of the state, to promote safety for persons and property in connection with such use, and to promote uniformity of laws relating to such use. Statutory Authority: M.S. § 361.25 6110.3100 SCOPE. As part of implementing that policy, Minnesota Statutes, sections 378.32 and 459.20 authorize counties, cities, and towns to regulate by ordinance the use of surface waters by watercraft, upon approval of any such ordinance by the commissioner. Minnesota Statutes, section 361.26, subdivision 2a authorizes the commissioner to regulate such use by rule, upon request of a county, city or town, and after the rule is approved by the majority of the counties affected, Parts 6110.3000 to 6110.4200, however, shall not apply to units of government other than counties, cities, and towns, or to counties, cities, or towns adopting ordinances identical to and on the same body of water as a lake conservation district ordinance. Statutory Authority: M.S. § 361.25 6110.3200 GOAL OF WATER SURFACE USE MANAGEMENT. The goal of water surface use management shall be to enhance the recreational use, safety, and enjoyment of the water surface of Minnesota and to preserve these water resources in a way that reflects the state's paramount concern for the protection of its natural resources, In pursuit of that goal, an ordinance or rule shall: A. where practical and feasible, accommodate all compatible recreational uses; B, minimize adverse impact on natural resources; C. minimize conflicts between users in a way that provides for maximum use, safety, and enjoyment; and D, conform to the standards set in part 6110.3700. Statutory Authority: M.S, § 361,25 6110.3300 STATUTORY AUTHORITY. Parts of 6110.3000 to 6110.4200 are required by Minnesota Statutes, section 361.25. They provide procedures for the development and approval of rules and ordinances for resolving water surface use conflict by regulating: A. type and size of watercraft; B. type and horsepower of motors; C. speed of watercraft; D. time of use; E. area of use; and F. the conduct of other activities on the water body where necessary to secure the safety of the public and the most general public use. Statutory Authority: M.S. § 361.25 6110.3400 JURISDICTION OF COMMISSIONER. The commissioner shall exercise his discretion under Minnesota Statutes, section 361.26, subdivision 2 to regulate a water body when so requested by a county, city, or town only when the water body: A. is traversed by a state or international boundary; or B. is within the jurisdiction of two or more counties which cannot agree on the content of ordinances; and C. regulation is necessary to achieve the goals in part 6110.3200. In all other cases, water surface use regulation shall be by county, city, or town ordinance as specified in Minnesota Statutes, sections 378,32 and 459.20. If a body of water is located within the jurisdiction of two or more cities or towns which cannot agree on the content of ordinances, any such city or town may petition the county in which they are located to adopt an ordinance, Statutory Authority: M.S. § 361.25 6110.3500 EXISTING ORDINANCES AND RULES. All existing ordinances and rules adopted on or after January 1, 1975 affecting water surface use shall be brought into compliance with parts 6110.3000 to 6110.4200 within a reasonable time period after promulgation of these parts. Statutory Authority: M.S. § 361.25 6110.3600 ASSESSMENT OF CONDITIONS. Subpart 1. Factors to consider. The commissioner of any governmental unit formulating, amending, or deleting controls for surface waters shall acquire and consider the following infomiation, noting factors that are not relevant: A. Physical characteristics: (1) size: normal surface acreage, if available, or the basin acreage listed in the Division of Waters Bulletin No. 25, An Inventory of Minnesota Lakes; (2) crowding potential: expressed as a ratio of water surface area to length of shoreline; (3) bottom topography and water depth; (4) shore soils arid bottom sediments; (5) aquatic flora and fauna; , (6) water circulation: for lakes, the existence and locations of strong currents, inlets, and large water level fluctuations; for rivers and streams, velocity and water level fluctuations; (7) natural and artificial obstructions or hazards to navigation, including but not limited to points, bars, rocks, stumps, weed beds, docks, piers, dams, diving platforms, and buoys; and (8) regional relationship: the locations and the level of recreational use of other water bodies in the area. B. Existing development: (1) Private: to include number, location, and occupancy characteristics of permanent homes, seasonal homes, apartments, planned unit developments, resorts, marinas, campgrounds, and other residential, commercial, and industrial uses. (2) Public: to include type, location, size, facilities, and parking capacity of parks, beaches, and watercraft launching facilities, C. Ownership of shoreland: to include the location and managing governmental unit of shoreline in federal, state, county, or city ownership as well as private, semipublic, or corporate lands. D. Public regulations and management: to include federal, state, or local regulations and management plans and activities having direct effects on watercraft use of surface waters. E. History of accidents which have occurred on the surface waters. F. Watercraft use: to include information obtained in the morning, afternoon, and evening on at least one weekday and one weekend day, concerning the number and types of watercraft in each of the following categories: kept or used by riparians, rented by or gaining access through resorts or marinas, using each public watercraft launching facility, in use on the waterbody. G. Conflict perception and control preferences: to include opinions gained by surveys or through public meetings or hearings of riparians, transients, local residents, and the public at large. Subp. 2. Written statement. Any governmental unit formulating, amending, or deleting controls for surface waters shall submit to the commissioner the following: A. the information requested in subpart 1, portrayed on a map to the extent reasonable; B. a statement evaluating whether the information reveals significant conflicts and explaining why the particular controls proposed were selected; C. the proposed ordinance; and D. a description of public hearings held concerning the proposed controls, including an account of the statement of each person testifying. Subp. 3. Commissioner review and approval. The commissioner shall require the ordinance proposer to provide additional information of the kind described in subpart 1 when needed in order to make an informed decision. The commissioner shall approve the ordinance if it conforms with these rules. Statutory Authority: M.S. § 361.25 6110.3700 WA'l ER SURFACE MANAGEMENT STANDARDS. Subpart 1. Purpose. To promote unifonnity of ordinances or rules on the use of watercraft on surface waters of this state, to encourage compliance and to ease enforcement, the commissioner and any government unit formulating such ordinances or rules shall follow these standards. When formulating an ordinance or rule, it is not required that all the standards listed below be incorporated into every ordinance or rule. Rather, the commissioner or governmental unit shall select from the standards listed below such standard(s) as are needed to regulate the surface use of waters. Subp. 2. Watercraft type and size. Controls may be formulated concerning the type and/or size of watercraft permissible for use on surface water body(ies) or portions thereof. Subp. 3, Motor type and size. Controls, if any, concerning the maximurn total horsepower of motor(s) powering watercraft on surface waters shall utilize one or more of the following horsepower cutoffs or motor types: 25 hp; 10 hp; electric motors; no motors. Subp. 4. Direction of travel. Directional controls, if used, shall mandate watercraft to follow a counterclockwise path of travel. Subp. 5. Speed limits. Controls, if any, concerning the maximum speeds allowable for watercraft on surface waters shall utilize one or more of the following miles -per -hour cutoffs: A. "Slow -No Wake" means operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five mph. B. 15 mph. C. 40 mph, Subp. 6. Effective Time. Controls must use one or more of the following time periods: A. sunrise to sunset or sunset to sunrise the following day; B. 9:00 a.m. to 6:00 p.m. or 6:00 p.m. to 9:00 a.m, the following day; C. noon to 6:00 p.m. or 6:00 p.m. to noon the following day; D. all 24 hours of the day. Controls must be in effect during one of the following calendar divisions: all year; Memorial Day weekend through Labor Day weekend; on all weekends and legal holidays occurring within Memorial Day weekend through Labor Day weekend. Controls governing the use of watercraft may be adopted which are placed into effect based upon specific water elevations. Subp. 7. Area zoning. Controls shall clearly specify which portion of the water body is affected by such controls. Area controls may be formulated concerning any of the subject matter covered in the water surface management standards in subparts 2 to 9. Controls concerning a "Slow -No Wake" shall be established for the entire water body or portion thereof according to the following criteria: within 100 feet or 150 feet from the shore; or where watercraft speed or wake constitutes a hazard to persons, property, or the natural resources; or where it has been determined that such control(s) would enhance the recreational use and enjoyment of the majority of users. Subp. 8. Conduct of other activities on a body of water. Controls formulated by a governmental unit which restricts other activities (such as swimming or scuba diving) shall conform to part 6110.3200. Stibp. 9. Emergencies. In situations of 1ocal emergency, temporary special controls may be enacted by a county, city, or town for a period not more than five days without the commissioner's approval. The commissioner shall be notified, however, as soon as practicable during this five-day period. Subp. 10. Additional evidence. A government unit may submit additional evidence if it feels that variance from the afore -stated standards is necessary to best address a particular problem. The commissioner will review such evidence and shall grant a variance if there are circumstances peculiar to the body or bodies of water in question of such magnitude as to overshadow the goal of uniformity. Statutory Authority: M.S. § 361.25 6110.3800 ADMINISTRATIVE PROVISIONS, Subpart 1. Enforcement and penalties. Any government unit adopting ordinances pursuant to Minnesota Statutes, sections 378.32 and 459.20 shall provide for their enforcement and prescribe penalties for noncompliance. Rules established pursuant to Minnesota Statues, section 361.26 shall be enforced by conservation officers of the Department of Natural Resources and the sheriff of each county. Rules or ordinances shall contain a provision exempting authorized resource management, emergency, and enforcement personnel when acting in the performance of their assigned duties. They may also provide for temporary exemptions from controls through the use of permits issued by the unit of government adopting the ordinance or rule. Subp. 2. Commissioner's approval for proposed ordinances. Any governmental unit formulating ordinances or desiring amendments and deletions to existing ordinances shall submit the written statement required by these rules with the proposed ordinance to the commissioner pursuant to Minnesota Statutes, section 378.32 for his approval or disapproval. Determination of approval or disapproval shall be based upon the written statement and the compatibility of the ordinance with these rules. If the proposed ordinance is disapproved by the commissioner and a satisfactory compromise cannot be established, the governmental unit may initiate a contested case hearing to settle the matter. The commissioner shall notify the governmental unit in writing of his approval or disapproval of proposed ordinances within 120 days after receiving them pursuant to Minnesota Statutes, section 378.32. Failure to so notify shall be considered approval. Subp. 3. Public notice. Any governmental unit adopting ordinances shall provide for adequate notification of the public, which shall include placement of a sign at each public watercraft launching facility outlining essential elements of such ordinances, as well as the placement of necessary buoys and signs. All such signs and buoys shall meet requirements specified in Minnesota Statutes, section 361 and parts 6110.1500 to 6110.1900. The commissioner shall publish and update at his discretion a listing of watercraft use rules and ordinances on surface waters of the state for distribution to the public. Statutory Authority: M.S, § 361.25 RELEVANT WATER SURFACE USE STATUTES CHAP I R S6B 86B.201 STATE LAW AND LOCAL ORDINANCE AUTHORITY. Subdivision 1. Application of state law. The provisions of this chapter and of other applicable laws of this state shall govern the operation, equipment, numbering, and all other related matters for a watercraft operated on the waters of this state, or the time when an activity regulated by this chapter may take place. Subd. 2. Local authority to adopt ordinance. (a) This chapter does not limit the authority of a political subdivision of this state to adopt regulations that are not inconsistent with this chapter and the rules of the commissioner relating to the use of waters of this state that are wholly or partly within the territorial boundaries of a county or entirely within the boundaries of a city. (b) A city of the first class of over 200,000 or the park board of the city may forbid the use of motorboats or boats with attached motors on its lakes. Subd. 3. Nonmotorized carry -on access, A person may access any public waters through public land with a hand -carried nonmotorized watercraft. . HIST: 1990 c 391 art 9 s 9; 1997 c 226.s 11 86B.205 WATER SURFACE USE ORDINANCE. Subdivision I. Assistance, The commissioner shall develop and publish guidelines to assist counties adopting water surface use ordinances for waters within their jurisdiction. Subd. 2. Surface use ordinances. (a) A countyboard may, by ordinance, regulate the surface use of bodies of water located entirely or partially within the county and not located entirely within the boundary of a single city or lake conservation district established by law. (b) If a body of water is located within more than one county, a surface use ordinance is not effective until adopted by the county boards of all the counties where the body of water lies under section 471.59 or placed into effect by order of the commissioner under subdivision 9. (c) With the authorization of an affected city or lake conservation district, a county board may assume and exercise the powers in subdivisions 2 to 5 with respect to bodies of water lying entirely within that city or lake conservation district. The regulation by the county of the surface use of a portion of a body of water located within the boundary ofz city must be consistent with any city regulation existing on May 25, 1973, of the surface use of that portion of the body of water. After January 1, 1975, the ordinance must be consistent with the provisions of this chapter and rules of the commissioner under this chapter. Subd. 3. Prior ordinances invalid without approval. A surface use zoning ordinance adopted under subdivisions 2 to 5 by a local governmental unit after May 25, 1973, is invalid unless it is approved by the commissioner. . Subd. 4. Approval of ordinances. A proposed surface use zoning ordinance must be submitted to the commissioner for review and approval before adoption. The commissioner must approve or disapprove the proposed ordinance within 120 days after receiving it. If the commissioner disapproves the proposed ordinance, the commissioner must return it to the local governmental unit with a written statement of the reasons for disapproval. Subd. 5. County regulatory authority. A county board may: (1) regulate and police public beaches, public docks, and other public facilities for access to a body of water, except: (i) regulations are subject to subdivision 6; (ii) a county board may not regulate state accesses; and (iii) a municipality may by ordinance preempt the county from exercising power under this subdivision within its jurisdiction; (2) regulate the construction, configuration, size, location, and maintenance of commercial marinas and their related facilities including parking areas and sanitary facilities in a manner consistent with other state laws and the rules of the commissioner of natural resources, the pollution control agency, and the commissioner of health, and with the applicable municipal building codes and zoning ordinances where the marinas are located; (3) regulate the construction, installation, and maintenance ofpermanent and temporary docks and moorings in a manner consistent with state and federal law, permits required under chapter 103G, and sections 86B.111 and 86B.115; (4) except as provided in subdivision 6, regulate the type and size of watercraft allowed to use the body of water and set access fees; (5) subject to subdivision 6, limit the types and horsepower of motors used on the body of water; (6) limit the use of the body of water at various times and the use of various parts of the body of water; (7) regulate the speed of watercraft on the body of water and the conduct of other activities on the body of water to secure the safety of the public and the most general public use; and (8) contract with other law enforcement agencies to police the body of water and its shore. Subd. 6. Public access restrictions. The county board must allow the same types and sizes of watercraft and horsepower of motors to access and enter the lake or water body as are generally allowed to be operated on the lake or water body. Special use exceptions that are not dependent on lakeshore or property ownership may be granted by permit. Subd. 7. County acquisition of public access. A county board may acquire by purchase, gift, or devise land for public access to a lake or stream and may improve the land as a park or playground if the land is less than ten acres and is contiguous to the meander line of a navigable lake or stream wholly or partly within the county and not entirely within the corporate limits of a city. Subd. 8. Advisory assistance. The county board may invite any municipal council or.town board or the soil and water conservation district board of supervisors or watershed district board of managers to designate a representative to advise and consult with the county board on water use regulation and improvement. Subd. 9. Watercraft use rules for local waters. (a) On request of a county, city, or town, the commissioner may, after determining it to be in the public interest, establish rules relating to the use of watercraft on waters of this state that border upon or are within, in whole or in part, the territorial boundaries of the governmental unit. (b) The rules shall be established in the manner provided by sections 14.02 to 14.62, but may not be submitted to the attorney general nor filed with the secretary of state until first approved by resolutions of the county boards of a majority of the counties affected by the proposed rules, (c) The rules may restrict: (1) the type and size of watercraft and size of motor that may use the waters affected by the rule; (2) the areas of water that may be used by watereraft; (3) the speed of watercraft; (4) the times permitted for use of watercraft; or (5) the minimum distance between watercraft. (d) When establishing rules, the commissioner shall consider the physical characteristics of the waters affected, their historical uses, shoreland uses and classification' , and other features unique to the waters affected by the rules. (e) The commissioner shall inform the users of the waters of the rules affecting them at least two weeks before the effective date of the rules by distributing copies of the rules and by posting of the public accesses of the waters. The failure of the commissioner to comply with this paragraph does not affect the validity of the rules or a conviction for violation of the rules. (f) The cost of publishing rules and of marking and posting waters under this subdivision shall be paid by the counties affected by the rules, as apportioned by the commissioner. (g) Regulations or ordinances relating to the use of waters of this state enacted by a local governmental unit before January 1, 1972, shall continue in effect until repealed by the local governmental unit or superseded by a rule of the commissioner adopted under this subdivision. History: 1990 c 391 art 9 s 10 86B.211 WATER SAFETY RULES. The commissioner shall adopt rules that relate to: (1) the application for, form, and numbering of watercraft licenses; (2) the size, form, reflectorized material, and display of watercraft license numbers, which must comply with the requirements of the federal watercraft numbering system; (3) placement and regulation of docks, piers, buoys, mooring or marking devices, and other structures in the waters of this state; (4) rules of the road for watercraft navigation; (5) standards for equipment used in the towing of persons on water skis, aquaplanes, surfboards, saucers, and other devices; (6) standards for lights, signals, fire extinguishers, bilge ventilation, and lifesaving equipment; (7) standards of safe load and power capacity; (8) accounting, procedural, and reporting requirements for county sheriff; (9) designation of swimming or bathing areas; (10) standards of safety for watercraft offered for rent, lease, or hire; (11) the use of surface waters of this state by watercraft as provided and in accordance with section 86B.205, subdivision 9, paragraphs (c) and (d), including: (i) standards and criteria for resolving conflicts in the use of water surfaces by watercraft; (ii) procedures for dealing with problems involving more than one local governmental unit; (iii) procedures for local enforcement; and (iv) procedures for enforcing the restrictions in section 86B,205, subdivision 9, paragraph (c); and (12) other rules determined by the commissioner to be necessary to implement the provisions of this chapter. HIST: 1990 c 391 art 9 s 11; 1991 c 259 s 10 STATUTES ON LAKE IMPROVEMENT DISTRICTS 103B.551 BOARD OF DIRECTORS. Subdivision 1. Membership. After a lake improvement district is established, the county board, joint county authority, or commissioner that established the district shall appoint persons to serve as an initial board of directors for the district. Subsequent board members must be elected by persons owning property in the district at the annual meeting of the district. The number, qualifications, terms of office, and method of election, removal, and filling of vacancies of directors shall be as provided in the order creating the board of directors. The initial and all subsequent boards of directors must include persons owning property within the district, and a majority of the directors must be residents of the district. Subd. 2. Compensation. The directors shall serve with compensation as determined by the property owners at the annual meeting and may be reimbursed for their actual expenses necessarily incurred in the performance of their duties in the manner provided for county employees. Subd. 3, Powers, County boards, joint county authorities, statutory and home rule cities, and towns may, by order, delegate the powers in this section to the board of directors of a district to be exercised within the district. Programs and services undertaken must be consistent with the statewide water and related land resources plan prepared by the commissioner of natural resources and with regional water and related land resources plans. A body of water may not be improved by using authority granted under this section unless the public has access to some portion of the shoreline. County boards, joint county authorities, statutory and home rule cities, and towns may delegate their authority to a district board of directors to; (1) acquire by gift or purchase an existing dam or control works that affects the level of waters in the district; (2) construct and operate water control structures that are approved by the commissioner of natural resources under section 103G.245; (3) undertake projects to change the course current or cross section of public waters that are approved by the commissioner of natural resources under section l 03G.245; (4) acquire property, equipment, or other facilities, by gift or purchase to improve navigation; (5) contract with a board of managers of a watershed district within the lake improvement district or the board of supervisors of a soil and water conservation district within the district for improvements under chapters 103C and 103D; (6) undertake research to determine the condition and development of the body of water and the water entering it and to transmit the results of the studies to the pollution control agency and other interested authorities; (7) develop and implement a comprehensive plan to eliminate water pollution; (8) conduct a program of water improvement and conservation; (9) construct a water, sewer, or water and sewer system in the manner provided by section 444.075 or other applicable laws; (10) receive financial assistance from and participate in projects or enter into contracts with federal and state agencies for the study and treatment of pollution problems and related demonstration programs; (11) make cooperative agreements with the United States or state government or other counties or cities to effectuate water and related land resource programs; (12) maintain public beaches, public docks, and other public facilities for access to the body of water; (13) provide and finance a government service of the county or statutory or home rule city that is not provided throughout the comity or, if the government service is provided, the service is at an increased level within the district; and (14) regulate water surface use as provided in sections 86B.205, 103G.605, and 103G.621. HIST; 1990 c 391 art 2 s 40; 1996 c 385 art 2 s 2000 c 396s 3 PARK DISTRICT STATUTES 398.08 GENERAL POWERS. Park districts shall have all the rights, powers, privileges and immunities of a municipal corporation at common law and they shall be subject to the duties of a municipal corporation at corrunon law. Except as otherwise limited in this chapter they shall have perpetual succession, may sue and be sued, may use a corporate seal, may acquire by lease, purchase, gift, condemnation or otherwise such real and personal property as the purposes of the board may require and may hold, manage, control, sell, convey, lease or otherwise dispose of such property or its interests therein. The board shall have full authority to exercise al] the powers of the district, to make all necessary or desirable contracts, to procure public liability and other insurance protection as may be necessary or desirable, to hire and employ help and assistance as its needs require, to exercise the power of eminent domain, to enact ordinances and to declare that the violation thereof shall be a penal offense and to prescribe the penalties, thereof, not to exceed a fine of $100, or imprisonment in a statutory city or county jail for a period of not more than 90 days, or both, and in either case the cost of prosecution may be added to the penalties imposed. The board shall have full power and authority to acquire and establish parks and to operate, maintain, protect, improve and preserve a park system and to conduct a recreational program in its parks. History.' 1955 c 806 s 8; 1973 c 123 art 5 s 7 398.09 SPECIFIC POWERS (Subd. (a) only). Park district boards in addition to the foregoing general powers shall have these specific powers: (a) The power to regulate by ordinance the use of the waters of any lake lying wholly within a park established under this chapter and the use of any lake shore which is within a park established under this chapter and the waterfront immediately abutting such lake shore for not to exceed 300 feet therefrom, by all persons, including persons boating, swimming, fishing, skating or otherwise, in, upon or about said lake, lake shore and abutting waterfront, subject to regulation by the state of Minnesota. See MN Stats. for remainder of section History: 1955 c 806 s 9; 1957 c 160 s 1; 1973 c 123 art 5 s 7; 1984 c 654 art 2 s 127; 1986 c 444; 2001 c44s4 STATUTES REGARDING CITIES AND TOWNS 459.20 AUTHORITY OVER PUBLIC WATERS. The governing body of any home rule charter or statutory city or town in the state has, with respect to any body of water situated wholly within its boundaries, all the powers to improve and regulate the use of such body of water subject to section 86B.205, subdivision 6, as are conferred on county boards by sections 86B.205 and 103F.801, and to establish and administer lake improvement districts under sections 103B,501 to 103B.581. With respect to any body of water situated wholly within the contiguous boundaries of two or more home rule charter or statutory cities or towns or any combination thereof, the city councils and town boards may, under the provisions of section 471.59, jointly exercise such powers to improve and regulate the use of the body of water subject to section 103F.751, as are conferred on county boards by sections 86B.205 and 103F.801, and to establish and administer lake improvement districts as provided under sections 103B.501 to 103B.581, provided that no home rule charter or statutory city or town may establish and administer a lake improvement district or exercise any of the powers granted in this section if a lake improvement district covering the same territory has been created by a county board under sections 103B,501 to 103B.581. References in sections 86B.205, 103B.501 to 103B.581, and 103F.801 to the county board shall be construed to refer to the governing body of a home rule charter or statutory city or the board of supervisors of a town, Histoly: 1973 c 123 art 5 s 7; 1973 c 702 s 24; 1975 c 311 s 1; 1978 c 726 s 17; 1986 c 439s 5; 1986 c 443 s 16,17; 1990 c 391 art 8 s 46 WATER SURFACE USE WORKSHEET APPLICANTS OR WATER SURFACE USE ORDINANCES ARE REQUIRED BY MINN-. RULE 6110.3600 TO SUPPLY THE FOLLOWING INFORMATION REGARDING THE WATER BODY TO 13E REGULATED. YOU MAY USE THIS FORM OR SEPARATE SHEETS TO PROVIDE THE NECESSARY INFORMATION. (PLEASE NOTE ANY INFORMATION THAT IS NOT RELEVANT.) Physical Characteristics a. Size - normal surface acreage, if available, or the basin acreage listed on the DNR Web Page or in the Division of Waters Bulletin No. 25 "An Inventory of Minnesota Lakes," surface acres (or) basin average b. Crowding potential - expressed as a ratio of water surface area to length of shoreline. surface acres: miles of shoreline c, Bottom topography and water depth (deepest & average) (available from DNR regional or area fisheries headquarters). d. Shore soils and bottom sediments (available from DNR regional or area fisheries headquarters). e. Aquatic flora and fauna (available from DNR egional or area fisheries headquarter f, Water Circulation For Lakes: the existence and locations of strong currents, inlets, and large water level fluctuations. For Rivers and Streams: velocity and water level fluctuations, g. Natural and artificial obstructions or hazards to navigation, including but not limited to points, bars, rocks, stumps, weed beds, docks, piers, dams, diving platforms, and buoys. h. Regional relationship — the locations and the level of recreational use of other water bodies in the area, 2. Existing development. a. Private — to include number, location, and occupancy characteristics of permanent homes, seasonal homes, apartments, planned unit developments, resorts, marinas, campgrounds, and other residential, commercial, and industrial uses. b. Public — to include type, location, size, facilities, and parking capacity of parks, beaches, and watercraft launching facilities. 3. Ownership of shoreland - to include the location and managing governmental unit of shoreline in federal, state, county, or city ownership as well as private semi-public or corporate lands. 4. Public regulations and management — to include federal, state or local regulations and management plans and activities having direct effects on watercraft use of surface waters. History of accidents which have occurred on the surface waters (available from sheriff's office). 6. Watercraft use — to include information obtained in the morning, afternoon and evening on at least one weekday and one weekend day, concerning the number of types of watercraft in each of the following categories: a. Kept or used by riparians. b. Rented by or gaining access through resorts or marinas. c. Using each public watercraft launching facility. d. In use on the waterbody, 7. Conflict perception and control preferences — to include opinions, gained by surveys or through public meetings or hearings of riparians, transients, local residents, and the public at large. IN ADDITION TO THE ABOVE, APPLICANTS ARE ALSO REQUIRED TO PROVIDE: 1. The information requested in Minn. Rule 6110.3600, portrayed on a map to the extent reasonable. 2. A statement evaluating whether the information reveals significant conflicts and explaining why the particular controls proposed were selected. 3. The proposed ordinance. 4. A description of public hearings held concerning the proposed controls, including an account of the staternent of each person testifying. NAME (TYPE OR PRINT) SIGNATURE Tn. LE OF PERSON COMPLETING FORM PHONE / E_MAIL Return completed fol. n to: Minnesota Department of Natural Resources Boat and Water Safety Section 500 Lafayette Road St. Paul, Minnesota 55155-4046 SAMPLE WATER SURFACE USE ORDINANCE STATE OF IVIINNESOTA COUNTY OF (CITY OR TOWN OF ORDINANCE NO. AN ORDINANCE REGULATING THE SURFACE USE OF (specify body of water). Be it ordained and enacted by the (County Board of Commissioners, City Council or Town Board), State of Minnesota, that these amendments following, by this act, hereby replace and nullify those like numbered clauses now existing and a part of (County, Citv or Town) Ordinance No. , or are newly enacted sections which, upon their enactment, become.a.part of (County City or Town) Ordinance No. Section 1: PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota Statutes 86B.201, 86B.205, and 459.20, AND Minnesota Rules 6110.3000 - 6110.3800 as now in effect and as hereafter amended, this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of in (County. City or Town). Minnesota, said bodies of water being located entirely within the boundaries of (County, City or Town). to promote its fullest use and enjoyment by the public in general and the citizens of (County, City or Town) in particular, to insure safety for persons and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general hea)th, safety and welfare of the citizens of (County City or Town). Minnesota. Section 2: DEFINITIONS: Terms used in this ordinance related to boating are defined in M.S. § 8613.005. Section 3: SURFACE ZONING OF (spec46 body ofwater) BY RESTRICTING SPEEDS DURING CERTAIN HOURS (items given are samples only to assist in drafting an ordinance — alternate restrictions may also be appropriate): (a) During the hours of 9:00 a.m. and 6:00 p.m. on each and every day of the week, watercraft shall be subject to a 40 MPH speed limit. (b) During the hours of 6:00 p.m. and 9:00 a.m. on the following day, on each and every day of the week, no watercraft shall be operated in excess of fifteen (15) miles per hour. (c) Slow -no wake speed 24 hours per day when the lake level on Lake exceeds feet as measured at the gauge located at . Such restrictions shall become effective upon publication in a local daily newspaper as a news item or on a specified date, whichever is later. All public watercraft accesses shall be posted prior to and during the time restrictions are in place. In addition, notice of said restrictions shall also be posted at the (Courthouse / City Hall), August 25, 2011 Mr, Mayor and Council Members, 'The home owners and tax payers of Lake Jane respectfully request to have city ordinance 97.21 sub section b-changed. We mquest the -changed ordinance read: Hours qf operation, No person shah operate any motorboat:at a sped other thin a:Slaw, no -wake speed between .sunnetlind noon the following day except Lake Jane. -On Lake .Time no person shall operate any motorboat i. a speed other than -a sloW, no -wake speed between -sunset and 9 am the following -day. 441 ectfully, / AJp 7—'41 JUtiL V (-4t‘e -Alrl `/- .4 /1 /A A - f77',J • ( e. . -797, ,\,$) ".• ri k ' ( .." i :::::,. 1 C.,r'y / . 1 r ...'''. t. ' 1 ..,, ,,•••• . (‘ 07 t4e 1,44: • ;.„1, 't3 zl. 'f‘e i I — 110.2;s. C,Lit.,40._ ti tS4-C:77kr. L te- 4,0 Lei- 4? - 4 i'S`. • CLL .4» )). ble te 6-11„ 12d, r 1 )(*12 71") L C* . tfr „:". • r../ 1 \ ,t1 Arq, on• ou1iyl'arced Inquiry rdge1 01 uisiqturt 1-1 • ..0'112 I i...0:11'r'S:11M Zoom In data andcLot gAvQb ite.(D.FWashi ngtonCOuoi.y/Parcz&dr,-;faoLit.htrn 51 I/2008 August 25, 2011 City of Lake Elmo City Hall 3800 Laverne Avenue N Lake Elmo, Minnesota 55042 Lake Elmo City Council • Ail Dean Johnston flonaJx3: Mike Pearson • Du Brett Emmons eni lima] Anne Smith •outumoo Nicole Park Dear Council Members, I am writing today to share my thoughts and feelings about a no -wake rule on Lake Jane. A memory was made this summer that my family and I will truly never forget. That was watching my son learn to water ski for the first time. He enjoyed every minute. Seeing our children water ski is something we look forward to in years to come. There are so many hard working home owners on this lake that find enjoyment out of water sports. This is why I find this rule to be ridiculous, and strongly oppose it. There is nothing more enjoyable to see people out on the water enjoying their time, I understand that boats and jet -skis make noise and they create waves on the shoreline and we need to be respectful of private properties and all the hard work that people put in to them but isn't it to be expected living on water, shorelines will change from year to year. What is this ordinance going to do to the value of our homes? The homes we all work as hard for. The lake is here for our enjoyment and the enjoyment of others. Please take my thoughts into consideration. Thank you for your time, Brianna Olinger 9095 Lake Jane Trl N Lake Elmo, MN 55042 VVehave lived nnLake Jane for 18years and would very much like torepeal the noon wake limitation, | feel safety, among other issues, plays obig part. Everyone rushes out hoski and tube adthe noon hour causing edangerous amount oftraffic. |amgrateful nothing tragic has happened ooyet. | feel the 0am wake time would greatly improve this problem. Thank you for your time and consideration. Douglas A.&Jill iFoster Q4OHJane Road North Lake Elmo, Mn 55042 Justin, As I reflect on the needs of our lake community I think there are many key points that must be considered and we should ask our representatives at the city, county and state Gov't to change the current regulations that govern our land use. As a land owner, Tri Lakes Board member , business owner and neighbor I think we must respect our environment but must also have fair use and apply distributive justice in our regulations. This is not the current state. The use of Lake Jane and all Tri lakes are already governed but DNR and State regulations. In the 80's and the 90's additional city regulations were instituted at a time when lake levels were not controlled. With the advent of water level control with wiers and Valley Branch Watershed water control the original drivers no longer exist. As of this date Lake Jane is still well below normal water levels and the OHW and would benefit from additional water. Recent discussion about the OHW mark needs to be revisited also as it is only beneficial for building and benchmark for regulating construction via ordinance and has little meaning for the immediate lakeshore environment. I would suggest that more contemporary governance be instituted to reflect current land and water needs with change in regulations that responds to the tax base and landowners. It is unfortunate that some of our more vocal neighbors have attempted to reclaim additional land during the recent lower water levels and now are suffering damage to their retaining walls, but the forces of nature will prevail if history is our teacher. I would suggest the city be more cautious in granting the permits to build these in times of low water and not attempt to restrict the majority from using the lake environment to protect the structures at times of normal water levels. I have reviewed the recent data from the scientific community showing that wind and weather are far more distractive than boat traffic and suggest the city/DNR be reminded of same. I observe that the current state regulations are not usually enforced. The abuse primarily appears to be from non residents and in effect penalizes those of us that attempt to comply withy city regulations. On Lake Jane the early morning fishermen with high speed boats with wakes, Jet skis within 150 of shorelines or other boaters as well as their use in the hour before sunset is the norm not the exception. These are not usually our neighbors. Those of us that wait until noon are often the last to have access to the lake, and I suggest that it is our taxable lakeshore that allows and funds their enjoyment while we are abiding by the restrictive regulations. It seems odd to me that in the winter that I have cars, snowmobiles and 4 wheelers within inches of my shoreline at all hours of the day and night and they have equal or more environmental impact not to mention noise and light pollution without restriction. Why can we not have summer regulations allowing us as landowners to have similar water use? I suggest that safety be considered as well, as we compress the time for lake use we concentrate the heavy use to often half of the day, observing the chaos between noon and 1 I believe is soon to create accidents as we have already had a couple accidents as well as several near misses with kids on tubes or swimming. Expanded hours would distribute the boaters and I believe improve safety. Lake shore values will continue to suffer more if we choose to regulate and restrict our home owners with unreasonable lake restrictions. These do not exist on many other metro lakes and my realtor friends note that this will be a bigger problem going forward. Lets try and change to at least competitive property values by equalizing water use. The lakes have evolved into recreational lakes. The idea of creating environmental lakes no longer exists amongst the rank and file. Though a rare individual may want to eliminate any motorized use, the funding by the state continues to drive broad use recreation and it is time we adapt by regulation for us property owners as well as off lake visitors to utilize the water as well. Stocking, ramp access, enforcement and water maintenance continues to suggest wanting diverse use not restricted use. I would accept a 9 AM compromise for boat waves as I believe this would be accepted by most of my neighbors. I am happy to discuss this further and you are welcome to share this with the city, DNR or State. John P Hamerly, M.D. 651 777 7786 ) City ofLake Bnno City Hall 38O0Laverne Avenue N Lake Elmo, Minnesota 55042 Lake Elmo City Council ' Dean Johnston Mike Pearson Brett Emmons Anne Smith Nicole Park Dear Council Members, The reason for this letter is to oppose and ask for gOordinance change ofnowake restrictions on Lake Jake. My name is Jerry Heroff; as a homeowner on the lake since 2001, my family and I strongly oppose the no wake till noon rule for many reasons: 1) With busy schedules (afamily nffive) it affects our quality time pnthe lake together, especially on the weekends. As we all know, summers in Minnesota are very short and our time on the lake is limited to about D months a year. We find ourselves staring at lake that vvo cannot enjoy umti|12nooneverydmy. VVeask ourselves why and the reason vvehear is because of "boat nuiae" which is no different from passing nano, mnovvmubi|ea, p|anaa, dogs or any other "no1ae"affiliated with being alive. This makes nusense tous, 2\ At noon on the lake, everyone is out all at once which could lead to a dangerous situation because of the sudden traffic. There is usually an all -at -once rush to be out on the lake (especially on weekends/holidays). 3) 4mmproperty owner and tax payer nnthe lake, this major restriction costs home owners thousands if not millions (combined) in lost resale value and severely deters potential buyers. It adds tnthe time e|mkeohoreproperty remains nnthe market. | experienced this myself in2ODB- 2OOAwhen a potential sale of my property was lost due tothis rule. The no wake t||| noon rule was the only reason the buyer purchased elsewhere (on a lake with no restrictions). People do not like government rules, especially when they cater to very few over all and have no valid purpose. Tosummarize n`ytake cmthe nowake till noon nu|o itiabad for active families, discriminatory, costs the homeowners money, is unfair and does not make sense. |ask the Mayor and the Cound|to please give Tri-Lakes|akeshcreproperty owners the Thank you for your consideration, Avgust25.2011 City ofLake Elmo City Hall 3800 Laverne Avenue N Lake Bmo, K4inneoota55O42 Lake Elmo City Council woomUmzmzDean Johnston ^0000maiMike Pearson pIUEII=Brett Emmons *cmocmnooAnne Smith °00000000Nicole Park Dear Council Members, I am writing today to ask the Lake Elmo City council to rescind the no -wake ordinance on Lake Jane. I was on the commission that reviewed the no -wake times on the lakes in Lake Elmo. At the time we were told anything less than a sunset to noon no -wake time would not pass the city council, |hope times have changed and the council inopen toallow boaters full use ofthe lake. | understand the concern about erosion onthe shore line, | own anaccess buLake Jane onthe north side ofthe lake. |dnn't believe that the waves from the boats doanymore damage then the natural waves onthe lake. The current ordinance also reads that it is no -wake 100 feet from the shore and that should remain inthe lake ordinance. | would also like tosee o4Omph speed limit nnthe lake for safety reasons. Lake Jane isasmall lake and when you get over 1Dboats going over 2Omph the lake can feel very crowded, The way itinnow people wait till noon and all goout sdthe same time. |fthe time can bo extended into the morning hours I believe that not as many boaters will be out at the same time spreading out the -traffic and reducing the dangers ofboating onthe lake, Thank you for your wil llingness to review this situation and for serving the people of Lake Elmo. Pau|Hmt 4U55JomanoAve N Lake Elmo, K8NS5O42 Paul Huot Huot ManufactudngCompany nJ/uoonafiooLuom 651-646-1860ot4027 fau65]'646-04j7 8-17-2011 Dear Lake Elmo Mayer and City Council members, We are Jeff and Laurie Ylinen. We have lived on Lake Jane at 9401 Lake Jane Trail No. for 30 years. We are writing to ask you to listen to the lake owners of Lake Jane, Olson and Demontreville and allow us (and the public) to use our Lakes. Please rescind the no wake decision that was put into effect on Aug 9, 2011. We think that although you thought you were trying to do the right thing, you acted too quickly and were under informed when you made that decision. We also are asking you to remove the current no wake before noon and only drive counter clockwise rules because these rules create an unsafe and confusing condition on the lakes. Over the years we have observed that when you restrict when people can use a lake for waterskiing, tubing and other boating activities that create a wake, you cause congestion during the times that it can be used for these activities. In other words, the less time people can use a lake creates congestion during the times people can use the lake and therefore creates an unsafe and frankly not fun condition. If people could use the lake all day as Minnesota law provides, boating activity would be spread out over the day and therefore would create a more fun and safer condition on the lakes of Lake Elmo. What would you rather have? A little less noise on the lake in the morning or a safer lake for the people who use it? If you have ever been boating on a congested lake you would understand what we are trying to convey here. We have also talked with our lake neighbors over the years when their homes were up for sale (and there have been many over 30 years) and remember them talking about resale values of their homes going down and buyer interest being affected because of restrictions on the lake. So, our message is respectfully this: Eliminate current restrictions: • No more AM restrictions • No more boating counterclockwise only • Rescind the "no wake" at a the lake level that was just passed 8-9-2011 Reasons: • Less congestion (safer) and less confusion by allowing people to use the lake at all hours allowed by state law. • Higher home property values and more attractive to potential buyers. • This is what the majority of the people on the lake want (less/no restrictions) • More time to enjoy the lake during the already short Minnesota summer. Please, let us use the lake! Thank you, Jeff and Laurie Ylinen 9401Lake Jane Trail No, City nfLake Elmo City Hall 3O0OLaverne Avenue N Lake Elmo, Minnesota 5SO4% Lake Elmo City Council * Dean Johnston • Mike Pearson * Brett Emmons * Anne Smith * NYco/ePork Dear Council Members, |amcorresponding today toaddress the issue ofordinances unLake Jane. | want toexpress my thoughts onthe no -wake issue (the high-water level and noon ru|e). Mystance \osimple: / want no restrictions. Toput bfrankly, | leave mythree small children five days aweek and go10work so|can provide alake home for them togrow upenjoying. The lifestyle | provide for myfam)lycomes with alot ofsacrifices and seeing the joy ontheir faces asthey learn towater-ski |xworth all nfit. VVewill not sit nnthe shore of a lake with no -wake; my property value will plummet and what I have worked hard to accomplish will be lost. Anotherthing I have discovered during the past five years of my residence on Lake Jane is the hindrance of the noon rule. Again, three small children —they wake up early. in my house, nobody plays until the chores are done. House work, yard work, beach work, dock work. |tseems tnnever end around here. But to sit on the boat waiting to make 12:00 noon wake is ridiculous. That's almost nap time! |want the option to be able to create a wake by mid -morning when the chores are done. We need to spread out the boat traffic over alonger period uftime for safety reasons. Lake Jane |shere for our enjoyment; iunderstandthatboatsondjet-sNxnmokenobeandthevcreote waves onthe shoreline. | fully support the fact that individuals and families who use the lake should be courteous of the private property along the shoreline and the owners of said property. But wedmn't need restrictions in place, Please take my thoughts into consideration when examining the high-water ordinance on Lake Jane. | also request that the council take a look at the validity of the noon rule that is currently in place. Sincerely, DonaBloyer 8D81Jane RdN August 22nd 2011 Lake Elmo Mayor and City Council City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear Mayor Johnston and Council Members Pearson., Emmons, Smith, and Park, I am writing to you today to voice my thoughts on current water use restrictions, Since moving to Lake Jane Trail in 1998, my family and I have enjoyed the recreation that Lake Jane has afforded us. Unfortunately over the last 6 or 7 years the lake has been increasingly popular for transient users that have pressured many of us who live on the lake ow ability to reasonably enjoy the lake during the short water sports season.. The no -wake till noon restriction is now very clearly getting in the way dour ability to enjoy the water sports we cherish„ With lake traffic so high, we now have too much water activity occurring right at the noon nark, We lately get chance to ski nice water anymore and my 10 year old daughter complains that it is too wavy and busy most every weekend Having grown up on water in Wisconsin with similar restrictions and also currently owning a Wisconsin lake property with out restrictions, I feel my point of view is not one sided. I do know when we are at our un-restricted ptoperty; the locals usually recreate early and late and watch the local transient crowd tear it up during the day. The word in the mornings is "let's get out there and get some runs in before everyone shows". It makes sense and works.. It keeps the activities spread out over the course of the day and affords the lake shore owners the ability to enjoy the short water sports season they dearly pay for being lake shore owners. It really does benefit all who use the lake during the peak times and the lake shore owners tend to be less grumpy as well. I do understand those who simply want it quiet Fortunately for them the lake is very quiet, from Labor Day to the next years Memorial Day. Moving forward, I do hope the council takes action that opens up the use of'the lake for all during day light hours. Thank you for your time. Respetfully, John R Mayek 8680 Lake Jane Trail North Lake Elmo, MN 55110 Karen P Slakey 7872 Demontreville Tr N Lake Elmo, MN 5504.2 925-890-6239 August 8, 2011 Re: Slow, no -wake Dear Mr. Johnston, Mr. Pearson, Mr, Emmons, Ms, Park, and Ms. Smith, As a homeowner on Lake Demontreville, 1 feel the City Council is taking away property rights of the residents by creating a "new" ordinance to please a small percentage of owners on Lakes Demontreville/Olson. Is it not the responsibility of the resident who has chosen to live on a lakeshore and/or waterway to realize that shore erosion is probable and not to build and or plant below the natural water level? Should "new" ordinances not be brought to the attention of all residents in the area that you are imposing a "new" ordinance? Placing more restrictions on the homeowners of Lakes Demontreville/Olson, will decrease our property values because you are limiting the use of the lakes. Prospective buyers will choose to purchase homes on more user friendly lakes, thus decreasing our home values even more. This ordinance does not only effect the residence living directly on the lake, but effects all homeowners in and around Lakes Demontreville/Olson, In 1992, an agreed upon Ordinary High Water (OHW) level of 930 feet was established. To date, Lakes Demontreville/Olson have been below the 930 feet level. I am requesting that the City Council consider re-establishing the 930 feet lake level for the slow, no -wake rule instead of the revised OHW of 929.3 feet set by the DNR in 2009. By doing this, it will create a user-friendly environment for all homeowners in and around Lakes Demontreville/Olson. I thank you in advance for your utmost consideration and look forward to hearing from you soon. Sincerely, Karen P Slakey August 33,2O21 Lake Elmo City Hall 38UULaverne Avenue N Lake Elmo, Minnesota SSO4Z Lake Elmo City Council Members, and Mayor Dean Johnston Dear City Council, K8yfamily and | have lived mnLake Jane for 23years. VVelove this community and the people within it and m/elove our lake. One ofthe benefits ufliving onasmall lake inthe St. Paul suburbs isthat you don't have to stop talking when you are outside because of overhead plane noise or massive amounts of boat traffic, Even onabusy day like last Saturday, there were only 9boats and 2jet skis onthe lake ot the same time. Those who boat here are responsible —following the rule ofboating |nthe same direction, and whetheraWingorfishing the boat drivers are friendly, helpful, and welcomed byone another and the homeowners. I don't believe we need to create new regulations and rules on the lake for proper use of our waters. | do believe that adding "laws" and creating "rules" which require legal enforcement, especially those that are different from 80%+ of the other lakes is completely unnecessary. |donot ski. I do have several neighbors, however, that are -very good at skiing who cannot use the calm morning waters to practice their high-level barefoot skiing, The average time any one skierbarefnotz is probably less than 30 minutes, and though they own their lake homes on Lake Jane, they are not allowed touse the water for the practice oftheir sport. That is not right. | love tufish, When boaters are pulling tubes full of kids or skiers around the lake, they are cautious and respectful mfthose sitting still and fishing. The lakes should befor everyone's use, |donot believe the mutual respect is because of regulations. | believe our rules for using and caring for Lake Jane should be the same asother Minnesota lakes. Shoreline erosion is a concern for anyone who owns shoreline. Each homeowner needs to plan their landscaping toslow erosion and add sand asneeded. For those that landscaped during the year(s)when the lake was low, the higher water levels may seem unfortunate, For those that have lived here for 2 decadesandumethe|rbeaches—wahovethom back! The high water isaGOOD thing for many homeowners who now have access to their shore stations and can finally use their pontoons again I At this time, weare selling our home and moving !othe other side ofthe lake. Additional regulations that restrict lake use can only lengthen the market time (in an already long market) and lower the price (in analready depressed mnrhed. Please, City Council, be "5mall government" and "by the people" rather than attempting to be "Big Government" forcing rules down everyone's throats. | would like tosee the ordinances on Lake Jane removed so that they are in line with other Minnesota lakes and do not |/nnit use. Sincerely, Mary]nhnann 9IQ7Jane Road North Lake Elmo, K1N 55042 "Dear Council Members, My name is Aaron Runk and I am writing this letter with regards to the "No Wake unit Noon" rule on Lake Jane. My wife and I just built a house on Lake Jane and moved in this February at 9497 Jane Rd N. Obviously this is our first summer on the lake with our three young children and have experienced much frustration having to tell the kids that we can't use the lake until Noon. As you are aware this summer has been very hot and we were thankful that we had the lake to use, but feel that the no wake until Noon has kept us from using the lake many times later than we wanted, especially the kids! When my wife and I were looking at buying/building on the lake I felt the "No Wake until Noon" was a big problem and almost caused us to look elsewhere to buy. My wife happened to grow up on the lake and talked me into it because of the water quality, proximity, etc., but had she not been familiar with the lake we would have moved on. Many potential buyers will not have this "inside information" and feel that they will see the restrictive nature of the "No Wake until Noon" rule as a hindrance which will ultimately lower property values on the lake. In conclusion, I feel that the "No Wake until Noon" rule should be repealed because of its overly restrictive nature on the homeowners who pay large amounts of taxes on the lake and ultimately lower our property values. Thank you for your time and consideration on this matter. Aaron Runk Kristine Skillings 11144 Norell Avenue N Stillwater, MN 55082 August 23, 2011 Mr. Dean Johnston Mayor City of Lake Elmo 3800 Laverne Avenue N Lake Elmo, MN 55042 Dear Mayor Johnston: I am writing to you as a former Lake Elmo resident to share with you some of our concerns with the direction ofthe City of Lake Elmo and why we ultimately chose to leave Lake Elmo. I grew up in Lake Elmo on beautiful Olson Lake. When 1 was rnanied, we purchased my parents home and I could think of nothing more wonderful than raising my family on Olson Lake. The biggest attribute of Lake Elmo is the small town, country feel of both the community and the landscape. For me, it was a diamond in the ruff; to find an area so untouched by the growing metropolis, while being so close to the pulse of downtown, The outdoors are an important part of our lives and raising our children to enjoy that is very important to us. Thus, Olson Lake was the perfect place to raise a family! Over the years (34 of them) on Olson Lake, 1 have seen a lot of changes to the area, Over time, we did not feel the direction. Lake Elmo was moving was in line with what we wanted. Thus, we decided it was in our best interest to find another lake front property and area that would better follow our vision of where we wanted our children to grow up. Of the 34 years I spent on the shores of Olson Lake, I can count on one hand the amount of lake homes that went up for sale in the area and recall their time -on -market was always much, much shorter than the average. The bottom line . , no one moved, and when they did, there was no shortage of people wanting a lakefront home in Lake Elmo. When we finally put our house on the market, we fully understood the current market situation and priced our house to sell in a buyer's market. In addition, we are also part of a large water ski community (involved with several water ski teams in the area) and have access to a large network of families who are interested in lake front property. We were shocked by what the next two years brought us. One of the biggest turn-offs to our 'desirable' lake front property was the no -wake time restrictions on the lake. Our belief was that the majority of people, who desire to live on a lake, do so for the recreational value of the lake (swimming, fishing, boating). This belief was confirmed with the numerous negative comments we received from potential buyers who were no longer interested once they discovered the no -wake time restrictions. We fully Mayor Johnston August 23, 2011 Page 2 understood that trying to sell a house in a buyer's market would be difficult; however, we consistently had showings and second showings for two full years. Although we always struggled with the unique lake restrictions, we had no idea that this would affect the sale of our home. We now have no doubt that the restrictions on the lake, not only put -off potential buyers; it ultimately contributed to the drastic drop in the value of our home. As I drive through the neighborhood, I am amazed by the number of lake homes for sale, but even more amazed by the length of time these homes are sitting on the market and how their values continue to drop. As Mayor, you may be aware of the number of homes for sale in Lake Elmo (and the values they sell for vs. what they appraised for), but we wanted to share with you some of the comments from potential buyer's that you would otherwise not have access to (i.e, some insider insight into why lake homes in Lake Elmo aren't selling). A lake is one of nature's beautiful gifts. It is there not only to sit as a beautiful backdrop, but also a gift for us to enjoy fully by swimming, fishing, and also boating! Sincerely, Kristine Skillings Hi. My house was for sale all of2O08. while | had it on the market, \ had numerous prospective buyers that where very interested inthe house. Absolutely loved h&the Jay out etc, but when they found out 1. No wake or water skiing or towing the kids around on rafts or jet skiing until noon& only until the moment the sun sets, that changed their minds & they went to looking to other lakes where they could ski |nthe AK8before going towork & use the lake like alake should beused. 2. Su|lost many prospective buyers that would have made onoffer onmyhouse, 3. It seemed also that when late spring & summer rolled around, people who wanted to live on a lake wanted house the lake atall day light hours for water skiing, rafting, jet skiing, fishing with their bass boat & not having togoetanowake speed toget 10the other side. Less people come tomyhouse & went tw lakes such as White Bear, Bald Eagle, the ones on Hwy 36 (can't remember names). They wanted more user friendly lakes, | eventually took myhouse off the market & leased It. When | was looking inFall of2U0S.really liked the area, but I too, once I heard about the rules on the lake had great hesitation about purchasing a home in the th'|aheoarea. | felt if the City/DNR/neighbors could pass a restriction like the one that is present, what will benext. | eventually came back 0zthe house | currently own unDemontnnvi||eTrN. | have nn regrets. Frustrated about the hours on the lake. | hope that this lake will not and up like North Oaks area. | even looked inthat area before buying myhouse, Very nice area, but the lake usage was very unfriendly 0uboaters 8skiers. Hope this helps. Any other questions, ask away. Karen Auwst 24. 1t111 City of Lake Elyn4 City flail 3800 Laverne Avenue N Drno. IVIron.9,sota. 5Lr42. 1.41keIrn City COOKil • Devil Inlireton O Mike Pearsop • firert Emmons • Are Smith • Nicole Park near COttria Mem'aers, I in-ti writillg,, you tudav- to discizts tne, no-vvake ordinartcul; otal.irt force, on Le Jane. -hgIw - level mid tIK. noon rule: feet that rules are very res-rictive-and _do, rtWfl allow the lako ;(.) ne used as it shot.tkib. Ifte, fr iuer, the hIghoNnet WW1., grk-w- up Oil th.r.:- lake and rmentlyicivd hac.L. whter tLi. I nat even to trio "norrnar level 11,1,a$ \rears ago. I. ii.ntierstancl that nvighbors -arf: frustrated w1..h the corrf!rit wztter level ari6 0 ley feel tnat t erizroaciiinc into, their.-yardn since the i+41,,1.1 has been 143 LEAN for mxiy yuEm. Butfliiwhere the lake Olould he at. tilts Should nnt TFStritit V; from utiArlp. thr4 imci cteating.a wake. Tht is ineant-to be usli31 to, ho,a, wzner-SASL.t.ub, Triose are snryie rny memories cyowing up the teecottei is-v,4.4e the no -wake bei-ore loon ordinance.. Growirv;u. 1 iisid eii understand tand 'WI parents omit minply viay triat tFos !.'.: Wes. Most t't the tiOv cri+ Ctn. iake WaS di ready goric. tViv husband and I now two firriati children a‘ rinn wha.i.-sre ttri-eialy. By the time- noon rls arOUrtil. lunth time i'itn0 titer, nap tune. 1woolcib rtit-E' tr.ti 1)1,!ablr,'tO ZC our; late tnorntitr tficnt.E. in what the rtilld,.-en want to fiO., I als-o fee r Thrit: ;h17-rinan mitt, triakfiS Oar a mote, CTOVIlititti, and dangerous !Eike in thf?.. alternoon. know one of themrissue.5. wi-th tn t-ii: beforenoon is to allow the '-)4.111boats, coricics, ‘i)nd kzyak oast wtriout the rest of the boat afTrc,. On the 1,ispiy.Atend-rs., I rarely 5(..T k.vbes L-Ff bolts ouL ubtore noon. Thev C(Itrit*. out TVthr any everrinc,. Lk ir jwortderttr: ;aka-. One crl ttIL! reasm-E.; Inat, so crktAitj..1IL tivcittiv,: 11.i,10.; tly peonie.using th lake & eri rudu cd other.i. And ntItr irtdividuai5prortv. 1hr iwtiVet.t thi-,; we tio not lied restricJonr olare to lirrrit ipm of falz.e--.!. Thirrik you for kic:g.r time •ortti siOnSiderat iOn Sincerely, rtE• ttc,er; r‘l Mini tesozo F,7,17-42 Mayor and Lake Elmo City Council City of Lake Elmo 3800 Laverne Avenue Lake Elmo, MN 55042 Dear Mayor and Council Members: ' REC EVE° Ntober 12, 2011 OCT 1 a, 2011 CITY OF LAKE ELMC) We, the residents of Lake Jane, state our opposition to changing the no -wake rule on Lake Jane for the following reasons: We like the rule as it is We have already compromised the time restriction. Noon to dusk is most of a given day Lake is small. It doesn't support both wake and no -wake activities at the same time comfortably • To believe that all our property values are less because you can't water ski until noon is ridiculous. There are people that have purchased houses on Lake Jane because of the no -wake rule Shoreline erosion is a concern Changing it will make it easier for future changes that upset neighbors As you will see from the enclosed petition, we believe there is a majority of Lake Jane residents that support not changing the existing no -wake rule. Several people that have signed the petition to change the time to 9:00 AM have changed their mind and have now signed this petition. Our above reasons also reflect how we feel about the arguments made for change at the September City Council Meeting. Sincerely, Concerned Residents of Lake Jane Enclosure Petition to not change the existing no -wake rule on Lake Jane Petition summary and background We, the residents of Lake Jane, state our opposttion to changing the no -wake rule on Lake Jane for the following reasons: • We like the rule as it is • We have already compromised the time restriction. Noon to dusk is most of a given day • Lake is small. It doesn't support both wake and no -wake activities at the same time comfortably • To believe that all our property values are less because you can't water ski until noon is ridiculous. There are people that have purchased houses on Lake Jane because of the no -wake rule • Shoreline erosion is a concem • Changing It will make it easier for future changes that upset neighbors Action petitioned for We,•the undersigned, are concerned citizens who urge the Lake Elmo City Coundl to not change the existing no -wake rule on Lake Jane. Printed Name Snature Address Al_17 !414- .? ? cr. 44 7-7 451 airg tite- /Pd • Date • 'mg./ lane c4- . ft/ fiAd 9/./ 900 7 Y44 Petition to not change the existing no -wake rule on Lake Jane . _ -1?-etition=surnMa We, the residents of Lake Jane, state our opposition to changing the no -wake rule on Lake . _ and background - Jane for the following reasons: • We like the rule as it is • We have already compromised the time restriction. Noon to dusk is most of a given day • Lake is small. It doesn't support both wake and no -wake activities at the same time comfortably • To believe that all our property values are less because you can't water ski until noon is ridiculous. There are people that have purchased houses on Lake Jane because of the no -wake rule • Shoreline erosion is a concern • Changing it will make It easier for future changes that upset neighbors We, the undersigned, are concerned citizens who urge the Lake Elmo City Council to not change the existing no -wake rule on Lake Jane. 10(\i'S SALZ t4.c ,m0 e_6-epct woo Ta kJ, • LA Ke Nitkt 550e4., Petition to not change the existing no -wake rule on Lake Jane Petitiori surnrnary;: We, the residents of Lake Jane, state our opposition to changing the no -wake rule on Lake and i-opr! Jane for the following reasons: • We like the rule as it is We have already compromised the time restriction. Noon to dusk is most of a given day • Lake is small. It doesn't support both wake and no -wake activities at the same time comfortably • To believe that all our property values are less because you can't water ski until noon is ridiculous. There are people that have purchased houses on Lake Jane because of the no -wake rule • Shoreline erosion is a concern • Changing it will make it easier for future changes that upset neighbors Action Npetitioncc de: We, the undersigned, are concerned citizens who urge the Lake Elmo City Council to not change the existing no -wake rule on Lake Jane. 4 IF3*0 kdice 1.04e ,71e /41,44/04420140 50(ki Rol AL, 2A6 mr, /31- El./0 Bk;s- (416 iar4 4a4C410 • tetk. /te / / Z4 T. disy 2 0.,A1,) Budget Item: Facility Costs: Acquisition/Rent Building Modifications Utilities (Electric/Heat) Fire Equipment Cleaning AV/IT Costs: Facility Set-up Wireless Router T1/Cable Internet Line Cable TV/Internet Svc Computer Printer Telephone Service DCL/ILL & Software Computers & Software Lake Elmo Ave Arts Center Library Site Notes: $ 0 $ 2,500/mo $ 1,000 $ 0 $ 4,000 $ 0 $ 250/mo $ 250/mo $ 60 - Proposed: 2,250 x 4 mo, $2,500 x 4 mo, $2,750 x 4 mo - Minor Shoring for 60 lbs/SF (library @ 150 lbs/SF) - Major Shoring for 150 lbs/SF (reading room @ 50 lbs/SF) - Estimate from existing Library & Arts Center usage $ 60 - Estimate from existing Library usage $ 200/mo $ 200/mo $ 200 $ 1,000 $ 200/mo $ 30/mo $ 1,500 $ 50/mo $ 1,000/mo $ 6,000 $ 0 $ 1,000 $ 460/mo $ 50/mo $ 1,500 $ 80/mo $ 400/mo $ 6,000 - Estimate based on current City Hall cleaning contract & existing library costs - Comcast Rack Rate (negotiable with bundling) - Metro -NET to spec and install unit - Comcast Rack Rate (negotiable w/ bundling). Ti in Library. - 50m x 10m speed for Cable Internet (top commercial package) - Replace existing Arts Center Cable (gross $ 50/mo) - Estimate from existing Library usage - 3 at $ 500 per unit - Augments existing Arts Center Phone Line ($ 20/mo) - Estimate from existing Library usage - Estimate from existing South St. Paul Library usage - Estimate from existing Library usage - $1,200 per unit (4 public, 1 staff) FF & E Furnishings Photocopier Fax/Scanner Miscellaneous Collections: Opening Day Collection Collection Maintenance Misc. Office Supplies Personnel: Staffing Volunteer Training, etc. Admin/Office Support TOTAL COST: Cost per Month Annual Cost $ 1,000 $ 150/mo $ 500 $ 2,500 $ 30,000 S 1,000/mo $ 2,500 $ 3,000/mo $ 250/mo $ 1,000/mo $ 1, 000 $ 150/mo S 500 $ 2,500 $ 30,000 $ 1,000/mo $ 2,500 $ 3,000/mo $ 250/mo S 1,000/mo $ 11,340 $ 13,095 $ 136,070 $ 157,140 - Assume donations of most items - Estimate for rental - Estimate - Estimate for first year. $ 2,000/mo thereafter. - Estimate based upon PT Library Director plus misc. PT staff - Background investigations, etc. - Estimate of Admin support October 14, 2011 To whom it may concern: A request was made to survey the residents who own property on Lake Demontreville and Olson Lake in effort to determine their preference for time in regards to Ordinance No. 08.050 states the hours of operation . (1) Normal Conditions — no person shall operate any motorboat at a speed other that a slow, no -wake speed between sunset and noon the following day. LANDOWNERS SURVEY RESULTS WERE AS FOLLOWS: 31% responded to wanting a change to the current lake rules 21% No -wake speed between sunset and 9AM the following day 10% Remove all restrictions 3% 1 don't care 6 6 ')/o don't change the restrictions on the Lake Demontreville-Olson This survey was distributed to 121 property owners. 100 property owners responded. Craig Dawson From: johnphamerly@comcastnet Sent: Tuesday, October 18, 2011 12:07 AM To: jwbloyer@aol.com; johnphamerly@comcastnet Cc: Bruce Messelt; mikepearson1965@yahoo.com; jiemmons@comcast.net; nikkipark@comcastnet; annejsmith@msn.com; deanjohnston@comcast.net Subject: Lake Jane Arguments Mayor, Council and Justin, Thank you in advance for your efforts addressing the Lake Jane proposals. I may not be able to attend tomorrow nights meeting and offer a few thoughts. Land use is not static and the proposed change for a 9 AM wake is already a negotiated compromise in our neighborhood. This change is sought by and benefits the vast maioritv on Lake Jane as well as the future of Lake Elmo. It does so without harm to individuals or the environment. This more closely aligns with other lakes in the state, albeit more restrictive. Public safety is further benefited. The threats to Lake Jane are exotic species and water degradation not grand -kids water skiing @ 10:30 on a Saturday. I am one of the greatest utilizers of silent sports on the lake: paddelboat, kayaks, canoes and a sailboard and this rule change will only benefit myself and others in both silent sport passions and water-ski utilization. You are aware of the majority opinions and I hope as a representative republic that the vetted and thoughtful requests of the vast majority of land owners on Lake Jane have your vote to change this arbitrary rule to better align with reasonable lake and land use. I am happy to defend any of the above statements but as you seen the data and have been hearing arguments, I hope your decision tomorrow will bring closure to this issue and allow all of us to move forward with the other important issues for Lake Elmo. I welcome further discussion if I can help. Thank you, John P Hamerly 651-235-4060 iohnphamerly(acomcastnet Sharon Lumby From: Richard Engdahl [rle2491@msn.com] Sent: Monday, October 17, 2011 6:59 PM To: deanjohnston@comcast.net; mikepearson1965@yahoo.com; jiemmons@comcast.net; annejsmith@msn.com; nikkipark@comcastnet; Sharon Lumby Subject: Lake Elmo No Wake We strongly object to the proposal to change the no wake time on Lake Elmo to 9 a.m. The lake is small, only about 200 acres, and this change would: 1. Further damage the shore line as well as well as water quality. 2. Fishing would suffer since the lake would be more and more riled up. Since fishing boats are numerous on the lake, this change would drive this recreational sport away. 3. Vegetation would be further harmed. I invite you to come stand at the end of our boat dock, especially on weekends, at 2 or 3 in the afternoon and see how murky the water quickly becomes when the "no wake" ends at noon. A change to 9 am. would bring in even more speed boats, including the large "wake boats", causing further damage. Why allow this for a few to continue their pursuit of noise, speed and damage. It is bad enough as it is now -- please put an immediate halt to this negative idea. Richard & Sharon Engdahl 2491 Lake Elmo Ave. N. 651/779-6793 cell: 651/260-0879 rl e2491(ia msn .com Sharon Lumby From: John Goodlad [john,goodlad@yahoo.corn] Sent: Saturday, October 15, 2011 5:42 PM To: Sharon Lumby Cc: DeanJohnston@comcastnet Subject: No Wake Time Change Sharon, Would you please forward this email to Mayor Johnston and member of the City Counsel. I do not have their Lake Elmo email addresses and t would like to communicate my obiection to changing the time from noon to 9 am. I am very concerned about the noise of jet boats and potential property damage from shore erosion. My next door neighbor, JoAnne Shekleton at 8382 Hidden Bay Trail N, is also opposed to the change. We only recently learned of the initiative to change the time, I work significant hours and would appreciate the few extra hours of quiet time. Please delay this action until more legal residents have time to sign the petition that opposes the change. [am sure there are more people that are only now learning about it. John Goodlad 8344 Hidden Bay Trail, N. Lake Elmo, MN 55042