HomeMy WebLinkAbout10-07-08 CCMPCity of Lake Elmo
3800 Laverne Avenue North
October 7, 2008
7:00 p.m.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE:
C. ATTENDANCE: Johnston DeLapp Johnson Park 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. APPROVE MINUTES:
1. September 16, 2008
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 claims
3. Approve public works purchase of asphalt roller and saw
4. Approve purchase of utility billing software
5. Authorize the release of the financial security for the Park Meadows
development
REGULAR AGENDA:
6. Endorse an Eagle Scout project for VFW park
7. Hold a drawing for participants in the Sunfish Lake Park deer hunt
8. Consider approving improvements to the community/fire meeting space at
Station #1
9. Receive an update on the Comprehensive Water System plan
10. Terminate and approve a new agreement for 9224 31st Street to assure code
compliance
K. REPORTS AND ANNOUNCEMENTS:
Mayor and Council members
Administrator
UPCOMING DATES OF NOTE:
• October 14, 5:30 p.m.-9 p.m. — workshop on the preliminary draft of the
Village AUAR
• November 4 — No City Council meeting due to General Election
• November 5 — City Council Meeting to certify election results
• November 11 — No City Council workshop due to Veterans Day
M. Adjourn
DRAFT
City of Lake Elmo
City Council Minutes
September 16, 2008
Mayor Johnston called the meeting to order at 7:00 p.m.
Present: Mayor Johnston and Council Members DeLapp, Johnson, Park and Smith
Also present: City Administrator Hoyt, Planning Director Klatt, City Engineer Griffin,
City Attorney Filla, Finance Director Bouthilet, and Recording Secretary Luczak.
APPROVAL OF AGENDA:
Motion: Council Member DeLapp moved to approve the September 16, 2008 agenda as
presented Council Member Johnson seconded the motion, The motion passed
1117alli171011Sly,
ORDER OF BUSINESS:
GROUND RULES:
APPROVED MINUTES:
The minutes of September 2, 2008 were approved by consensus.
PUBLIC COMMENTS/INQUIRIES:
Roger Linnell, 9402 Stillwater Blvd., requested clarification of violations stated in a letter
he received from the City regarding a code violation for parking a commercial vehicle on
his property. Mr. Linnell provided pictures and signatures from the neighbors supporting
his parking of a commercial truck in a residential zone and explained the he believed that
the City had granted him a variance to do this.
Ann-O Suckow, (1945 Polaris Place, North St. Paul), Lake Elmo Jaycees Community
Development VP 2008, thanked the City for the opportunity to participate in the Fall
Festival and gave an update of upcoming events.
Ed Nielsen, 9492 Stillwater Blvd., expressed his frustration with the condition of the
property at 9442 Stillwater Boulevard. He described the history of inaction on the
property from a code enforcement perspective and, although he acknowledged there was
action now, it was late and did not appear to be diligent enough to accomplish the
expectations set out.
Jim Blackford, 9765 45th St. N., expressed his frustration with the Minnesota Pollution
Control Agency (PCA) plan for the Washington County Landfill and the inaction to
really address the issue of contamination in the City's water supply by the PCA or 3M.
DRAFT
Mr. Blackford submitted a letter (attached to the minutes) that explained the importance
of taking further action against the PCA to address these issues.
Susan Dunn, 11018 Upper 33rd St., expressed concerns that her questions from previous
meetings had not been addressed and she asked that candidates for office be respectful
during their individual campaigning efforts.
CONSENT AGENDA:
MOTION: Council Member Johnson moved to approve the Items 2 and 5 of the consent
agenda. Council Member Smith seconded the motion. The motion passed unanimously.
Approval of disbursements in the amount of $110,329.19.
Authorize construction of a new home to be located further from the road right-
of-way than an existing barn by 40 feet and detached garage by 117 feet on the
9.94 acre parcel at 11311 501h Street North, Resolution No. 2008-044.
REGULAR AGENDA:
Adopt Ordinance 08-009 amending, the 2008 fee schedule to include new fees for signs as
required by the new sign ordinance
Finance Director Bouthilet requested the City Council to amend the fee schedule to
include fees for signs, which is a result of the recently adopted modified sign ordinance.
He explained that the fees are based upon the cost of processing the permit to the City so
that taxpayers are not covering the costs of these business expenses.
City Council discussed the justification of hours and cost, sign renewal, temporary signs
and updating the fee schedule.
MOTION: Council Member Johnson moved to adopt Ordinance No. 08-009 amending
the 2008 fee schedule to include new fees for signs as required by the new sign
ordinance. Council Member Park seconded the motion. The motion passed uncmimously.
Approve a settlement subiect to conditions to Joan and Steve Ziertman for claims against
the City
City Attorney Filla reported on the proposed settlement that was negotiated with Attorney
Golembeck. Attorney Filla explained that for a payment of $12,500, the property owners
would sign a release of all claims against the City, the City Staff and/or its consultants
except for claims occurring after September 5, 2006 related to drainage; and except for
claims relating to any breach of the conditions of the settlement agreement dated
September 5, 2006. He also indicated that the Release of Claims form would indicate
that it is a settlement and compromise of disputed and doubtful claims and not an
admission of liability.
DRAFT
The City Council discussed the conditions attached to the settlement payment.
Rose Armstrong, 8291 15th St. N., stated it was a mistake to offer a settlement as it has
been a waste of the City's time and money, and it legitimized objection to fight (family
feud).
Rod Sessing, 5699 Keats Ave. N., asked if the settlement was in the best interest of the
City.
Council Members Johnson and DeLapp did not support the financial settlement of these
matters.
Mayor Johnston supported the motion but could not discuss it because it involved
confidential personnel issues and helps bring closure of an issue to a long-term dispute.
MOTION: Council Member Park tnoveci to approve a settlement payment of S12.500 to
Steve and J0011 Ziertman of 5761 Keats Avenue North for claims against the C'ity, subject
to the conditions described by the City Attorney, Council Member Smith seconded the
1770ti017. The 117.01101.1 passed with Mayor Johnston and Council Members Park and Smith
voting it7favor and Council Members DeLapp and Johnson voting against.
Accept donations for the Fall Festival
Finance Director Bouthilet explained that the City must formally accept donations and it
was timely to accept the cash and donated items for the 'Fall Festival in the total
amount/value of $6,220.02
MOTION: Council Member Park moved to accept the cash and donated items/or the
Fall Festival in the amount/value of S6220.02. Council Member Smith seconded the
motion. The motion passed unanimously.
Consider an application for a 25 foot yard setback variance to allow the construction of a
detached garage five feet from the front property line where 30 feet is required at 11002
Upper 33rd Street North; Resolution No. 2008-046.
Planning Director Klatt reported on a planning request from Jill Martin to allow
construction of a one car, detached garage on her residential property at 11002 Upper 33rd
Street North. The proposed garage would be located five feet from the front property line
where thirty feet is required and would therefore need a twenty-five foot variance. The
lot (0.14 acres) does not have any covered parking and a conforming location does not
exist for a detached garage. The Planning Commission and staff recommended approval.
The Planning Director, Klatt, acknowledged that the Fire Chief had reviewed the
proposed building plan's proximity to the fire hydrant at the end of Upper 33' Street and
found it not to be in conflict. He also explained that the impervious surface area would
need to be reduced through the building plan review process to conform to current codes.
DRAFT
MOTION: Council Member Smith moved to approve Resolution No. 2008-046 approving
the requested 25 foot variance from the required 30.1bot yard setback fbr a detached
garage al 11002 Upper 33rJ Street based on the findings provided by staff and with the
conditions identified in the stuff report. Council Member Johnson seconded the 1710a017.
The motion passed unanimously.
Consider an application for a ConditionalUse Permit to establish a Beauty Salon/Day
Spa at 8925 1-1Whwav 5.
Planning Director Klatt explained a request from FLF Properties to establish a day spa at
8925 Highway 5 which is located within the Prairie Ridge Office Park complex. The
proposed site is zoned LB — Limited Business District and a Beauty Salon/Day Spa
requires a Conditional Use Permit in this district. The Planning Commission found that
the use met the criteria for granting a Conditional Use Permit and recommended
approval.
Council Member DeLapp asked the staff to be attentive to any negative impacts from the
existing exterior lighting in the development and uncontrolled weeds, which were not
directly related to the CUP request.
MOTION.. Council Member DeLapp moved to approve Resolution No, 2008-047
approving a Conditional Use Permit for a beauty salon and day spa at 8925 Highway 5
based on the findings provided by staff Council Member Smith seconded the motion,
The niotion passed W1C117 11110usly.
MnDOT provided an update on Trunk HWhway 5 and Jamaca Avenue/Stillwater
Boulevard Roundabout
Paul Kachelmyer, MnDOT Project Manager, provided an update on the TH 5 and Jamaca
Avenue/Stillwater Boulevard Roundabout, which is currently scheduled for late
spring/early summer 2010. He explained that the City is not being asked to make any
decisions about the project at this time.
City Council Members asked several questions about the project, its design, its timing, its
impact on neighboring property owners and drainage as well as how MnDOT staff was
communicating with property owners and residents in the area. Council Members
encouraged MnDOT officials to meet with area residents and plan a neighborhood
informational meeting as soon as possible.
MnDOT provided an update on Trunk Hwy 5 Improvements (Mannirw Avenue to 55th
Street)
Adam Josephson, MnDOT East Area Engineer, provided an informational update on the
proposed Trunk Highway 5 improvements from Manning Avenue to 55th Street to add a
turn lane to reduce accidents along this section of Manning Avenue.
MnDOT has scheduled the project for 2013, but it may be brought forward to 2009.
4
DRAFT
Consider a request for an extension of the submission of the 2030 Comprehensive Plan
update to the Metropolitan Council: Resolution No, 2008-045
City Planner Klatt updated the Council on the status of the 2030 Comprehensive Plan and
a request for an extension of time for submitting the required plan elements to complete
the 2030 plan to the Metropolitan Council prior to November 1, 2008. He proposed a
timeline for the three required plan elements, water, surface water and transportation, that
must be included as part of the City's submission. City Administrator Hoyt reviewed the
reasons for requesting an extension.
Council Member DeLapp suggested that the City minimize its costs and time and avoid
additional studies and turn the current Comprehensive Plan into the Metropolitan Council
to determine if it was satisfactory in its current form or might require only a few
revisions.
MOTION: Council Member Johnson moved to approve Resolution No. 2008-045
requesting an extension for a Comprehensive Plan update from the Metropolitan Council
until December 2010, Council Member Park seconded the motion. The motion passed
with Mayor Johnston and Council Members Johnson, Park and Smith voting in favor of
the 1110d011 and Council Member DeLapp voting against.
REPORTS AND ANNOUNCEMENTS:
Council Member Park stated she would like to participate in 1-94 Corridor meetings when
the opportunity arose.
All City Council Members thanked Lake Elmo business owners and volunteers for a
successful Fall Festival.
Mayor Johnston announced that he was participating in a Metropolitan Council Retreat
panel with three other mayors on, "How to Work Better with Cities."
Administrator Hoyt informed Council the quarterly financial report was completed and
would be distributed to the City Council and candidates.
The meeting was adjourned at 10:02 p.m.
Respectfully submitted by Carole Luczak, Recording Secretary
Resolution No, 2008-044: Approve Placement of New Home Further From Road Right -
of -Way Than Existing Accessory Buildings at 11311 50th Street North
Resolution No. 2008-045: Request Additional Time Which to Complete Comprehensive
Plan Decennial Review Obligations
Resolution No. 2008-046: Approve 25-foot Variance to Required 30-foot Front Yard
Setback to Allow Construction of Detached Garage at 11002 Upper 33rd Street North
Resolution No. 2008-047: Approve Conditional Use Permit to Establish a Beauty Salon
and Day Spa at 8925 Highway 5
Ordinance No, 08-009: Set Municipal Fees for Calendar Year 2008
5
3M PFC Pollution Impact
Page 1 September 15, 2008
I:PC) evt
It's Not Over!
Washington County Landfill Pollution
Impact on Lake Elmo Citizens
Why is the City of Lake Elmo so willing to just accept whatever help we are
offered by the State of Minnesota and not question how we got here or why
permanent measures are not being taken to completely remove the 3M
Company PFC pollution and the industrial landfill contents from the City of
Lake Elmo?
1. 3M Company says they have been a good corporate citizen on the PFC
Pollution issue. I have provided you with extensive written documentation
that proves they have not been a good corporate citizen on this issue. What
has 3M given you to show they have been upfront and proactive to
nrevent PFC pollution in Lake Elmo? If 3M wants to be thought of as a
good corporate citizen on this issue they need to provide the Lake Elmo
City Council with complete historical written documentation as to what they
knew about the Washington County PFC pollution and when they knew it
and who they provided the information to. Until that time, 3M cannot sav
they have been responsible and proactive on the PFC Pollution issue!
2. Why are you letting Washington County off the hook on this pollution
issue? Whv have you not required Washington County officials to come
publicly in front of the Lake Elmo City Council and explain to the Council,
why they do not need to Day for a large part of the cost to permanently fix
this landfill pollution issue? They sited the ill fated Washington County
Landfill in Lake Elmo and put hazardous industrial wastes in a water filled
gravel pit.
3. Why don't you care enough about the hundreds of Lake Elmo Citizens
who have PFC pollution in their well water and require that someone pay
for free City water hookups to all homes that have PFC pollution in their
wells? PFC's should not be in our drinking water, no matter how small the
concentrations! Free city water hook-ups are the minimum we should be
providing for all impacted Citizens of Lake Elmo and it should be paid for
by 3M, the State of Minnesota and Washington County!
3M PFC Pollution Impak., Page 2 August 15, 2008
4. The State of Minnesota still has not tested the Washington County
Landfill for all types of man made pollutants. They still are only testing for
routine chemicals and heavy metals and so we still do not know for sure
what all is in the landfill. Why are we not requiring full spectrum pollution
testing for all known pollutants by the State of Minnesota? I don't believe
that the State of Minnesota has even tested for all known chemicals that eat
plastic liners. Yes. there are known chemicals that eat plastic landfill liners!
5. Why has the City of Lake Elmo not gone back in its archives to the time
period the Washington County Landfill was being approved and looked for
documentation regarding the representations made at the time bY
Washington County to keep the landfill from polluting the surrounding
area? From what I have heard about the late 1960's, many Lake Elmo
Citizens had serious concerns about the landfill and I am sure commitments
were made by Washington County at the time to assure the local residents
that they would not allow the landfill to pollute the surrounding areas of
Lake Elmo.
7. Why is the City of Lake Elmo not hiring their own engineering
consultants to review the construction process the State of Minnesota is
proposing to clean up the pollution at the Washington County landfill? All
we know from the State's historical actions is in this area is that they are not
interested in any permanent pollution cleanup solutions. The State of
Minnesota only wants to minimize their costs and do the least work possible
to try to contain the pollution. The State of Minnesota totally botched the
supervision of the cleanup of the Oakdale 3M dump sites in the early
1980's. The State of Minnesota also implemented one failed "cost
effective" cleanup solution after another at the Washington County Landfill.
Remember the cap they put on the landfill (with no bottom) and the volatile
organic chemical aerating that just spread the PFC pollution further. The
MPCA has created a new hot spot of pollution just outside the current
boundary of the Washington County Landfill from their VOC spraying
process that is not even mentioned in their remediation -plan.
8. The State of Minnesota remediation plan for the Washington County
Landfill leaves a lot of contaminated soil behind at the bottom of the landfill
below the ground water line because it is too hard and expensive to dig up.
3M PFC Pollution Impact
Page 3 August 15, 2008
What kind of triple lined landfill cleanup process is this that ignores and
leaves behind maior amounts of contaminated soil? Do you understand that
the State of Minnesota still does not have the City of Lake Elmo's best
interests in mind? If they really cared about us. they would've done
something.,permanent long ago and we would not be dealing with these.
terrible ground water pollution problems today.
9. Why is the City of Lake Elmo not getting a guarantee in writing from the
State of Minnesota that when two out of the three protection layers of the
new landfill have been breached, the State will permanently remove the
landfill from the City of Lake Elmo? Right now you are allowing the same
conditions to exist as when the landfill was originally established because
the City has no guarantees to permanently fix the new triple lined landfill if
it leaks. The State of Minnesota allowed a leaking landfill to exist in the
City of Lake Elmo for 40+ years and we have had no leverage to make them
clean it up. We are exactly in the same position again! No-one knows for
sure how long a triple lined landfill will last. It depends on how well it is
built, what is in the landfill and how it settles over time. Also, this new
triple lined landfill will still either be in the water table or just above it and
so it is very important to permanently remove the landfill once it breaches
two of the three liners.
In conclusion, what I really don't get about this Washington County
Landfill/PFC pollution issue is that the Lake Elmo City Council has 100°A
conclusive proof that 3M, Washington County and the State of Minnesota
all failed over a period of 40 years to meet their obligations to the Citizens
of Lake Elmo and keen the Washington County Landfill pollution on the
•
Washington County Landfill site.
This pollution has seriously compromised the health of many of those
impacted by the pollution and has negatively impacted property values, yst
vou as a City Council have not asked 3M, Washington Countv or the,
State of Minnesota to pay one dollar of compensation to anv Lake Elmo
Citizens for what has been done to them!
This is a terrible moral outrage and a serious omission!
3M PFC Pollution lmpa.i Page 4 August 15, 2008
3M, the State of Minnesota, and Washington County all came on the
property of numerous residents of Lake Elmo without our permission and
polluted our well water.
In addition, they permanently took away the sense of well-being we had
regarding our personal health because we decided to live our lives in
Lake Elmo.
h
acceptable?
Why aren't you fighting for the Lake Elmo Citizens you represent?
If you won't fight to protect the Citizens of Lake Elmo, who else
James M. Blackford
Lake Elmo, Minnesota
City Council
Date: 10/07/2008
CONSENT
Item: 2
ITEM: Approve disbursements in the amount of $172,129.55
SUBMITTED BY: Tom Bouthilet, Finance Director
Claim #
481
480
DD1838-DD1851
33198-33206
33211-33278
Amount
$ 7,738.97
$ 1,238.43
$ 18,380.57
$ 8,387.81
$136,383.77
Total: $ 172,129.55
Description
Payroll Taxes to IRS
Payroll Taxes to Mn Dept. of Revenue
Payroll Dated 9/25/2008 (Direct Deposit)
Payroll Dated 9/25/2008 (Payroll & Benefits)
Accounts Payable Dated 10/07/2008
SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in
the amount of $ 172,129.55
Accounts Payable
Checks for Approval
User: brcnda
Printed: 10/02/2008 - 2:28 I'M
Check Number Check Date Fund Name Account Name
Vendor Name Amount
0 10/01/2008 General Fund Federal Withholding ACH Internal Revenue Service 3,334.39
0 10/01/2008 General Fund FICA Tax Withholding AC1{ Internal Revenue Service 3,517.74
0 10/01/2008 General Fund FICA Tax Withholding ACH Internal Revenue Service 886.84
0 10/01/2008 General Fund State Withholding ACH MN Department of Revenue 1,238.43
Check Total: 8,977.40
33200 09/25/2008 General Fund Medical Insurance Delta Dental Of Minnesota 813.10
Check Total: 813.10
33201 09/25/2008 General Fund Other Retirement - ICMA ICMA Retirement Trust 457 610.00
Check Total: 610.00
33202 09/25/2008 General Fund Child Support MN Child Support Payment Ctr 589.67
Check Total: 589.67
33203 09/25/2008 General Fund Other Benefits MN NCPERS Life Insuance 32.00
Check Total: 32.00
33204 09/25/2008 General Fund PERA Withholding PERA 1,871.11
33204 09/25/2008 General Fund ['ERA Withholding PERA 2,106.28
Check Total: 3,977.39
33205 09/25/2008 General Fund Other 13enefits UniCare Life & Health Ins 9.75
33205 09/25/2008 General Fund Medical Insurance UniCare Life & Health Ins 113,75
33205 09/25/2008 General Fund Other Benefits UniCare Life & Health Ins 408.01
33205 09/25/2008 General Fund Other 13ene0ts UniCarc Life & Health Ins 269.13
AP - Checks for Approval (10/02/2008 - 2:28 PM) Page 1
Check Number Check Date Fund Name Account Name Vendor Name Amount
Check Total: 800.64
33206 09/25/2008 General Fund State Withholding Wisconsin Department of Revenue 230.60
Check Total; 230.60
33211 10/07/2008 General Fund Office Supplies Donald Salverda & Associates 850.00
Check Total: 850.00
33212 10/07/2008 Fall Festiva) Miscellaneous Paul Mitcheft 226.30
Check Total: 226,30
33213 10/07/2008 Fall Festival Miscellaneous Judith 131ackford 166.03
Check Total: 166.03
33214 10/07/2008 Geueral Fund Fire Prevention C.A.Gerbitz co., Inc. 79.83
33214 10/07/2008 General Fund Use Tax Payable C.A.Gerbitz co., Inc. -4.88
Check Total: 75.00
33215 10/07/2008 Fall Festival Miscellaneous Margo Sielent 115,44
Check Total, 1 15.44
33216 10/07/2008 Fall Festival Contract Services Allied Electrical Contractors 60.00
Cheek Total: 60.00
33217 10/07/2008 General Fund Radio ANCOM COMMUNICATIONS, INC. 9.50
Check Total: 9.50
33218 10/07/2008 General Fund Repairs/Maint Contractual 131de. Aramark 29.38
33218 10/07/2003 General Fund Repairs/Maim Contractual Bldg Aramark 30.60
33218 10/07/2008 General Fund Repairs/Maint Contractual Bldg Aramark 28.68
33213 10/07/2008 General Fund Uniforms Aramark 35.14
33218 L0/07/2008 General Fund Repairs/Maint Contractual Bldg Aramark 13.36
33218 10/07/2008 General Fund Repairs/Maint Contractual Bldg Aramark 33.37
33218 10/07/200$ General Fund Repairs/Maint Contractual Bldg Aramark 21.85
AP - Checks for Approval ( 10(02/2008 - 2:28 PM) Page
Check Number Cheek Date Fund Name Account Name Vendor Name Amount
33218 10/07/2008 General Fund RepairsiMaint Contractual Bldg Aramark 34.75
33218 10/07/2008 General Fund Uniforms Aramark 35.06
33218 10/07/2008 General Fund Repairs/Maint Contractual Bldg Aramark 61.37
Check Total, 323.56
33219 10/07/2008 Fall Festival Contract Services Bill's Inc. 530.37
Cheek Total: 530.37
33220 10/07/2008 Village Contract Services Bonestroo 24,644.37
33220 10/07/2008 General Fund Contract Services Boncstron 1,024.50
Check Total: 25,668.87
33221 10/07/2008 Fall Festival Contract Services Thomas Boutin let 200.00
33221 10/07/2008 Fall Festival Miscellaneous Thomas f3outhilet 3 J 1.22
33221 10/07/2008 Fall Festival Contract Services Thomas Bouthilet 625.00
Check Total: 1,136,22
33222 10/07/2008 General Fund Legal Services Campbell Knutson P.A. 570.00
33222 10/07/2008 General Fund Legal Services Campbell Knutson P.A. 982.00
Check Total: 1,552,00
33223 10/07/2008 Tablyn Park/LEI-I/3M Grant Water Mains CAPRA'S UTLITIES NC. 2,708.07
33223 10/07/2008 General Fund Use Tax Payable CAPRA'S UTLITIES INC. -37.57
Check Total: 7,670.50
33224 10/07/2008 General Fund Repairs/Maint Contractual Eqpt Car Quest Auto Parts 36.23
Check Total: 36.23
33225 10/07/2008 General Fund Dues It. Subscriptions Copy Images, Inc, 319.44
Check Total: 319.44
33226 10/07/2008 General Fund Medical Insurance Delta Dental Of Minnesota 233.10
Check Total: 233.10
AP - Checks for Approval (10/02/2008 - 2:28 PM Page 3
Check Number Check Date Fund Name Account Name Vendor Name Amount
33227 10/07/2008 General Fund Sign Repair Materials Earl F. Andersen, Inc, 531.82
Check Total: 531.82
33228 10/07/2008 General Fund Repairs/Maint Contractual Eqpt Emergency Automotive Technology Inc. 5.71
33228 10/07/2008 General Fund Repairs/Maint Contractual Eqpt Emergency Automotive Technology Inc, 2I2 I
Check Total: 26.42
33229 10/07/2008 General Fund Rcpairs/Maint Contractual Eqpt Fred's Tire 74.54
Check Total: 74.54
33230 10/07/2008 General Fund Assessing Services FXL, Inc. 2,000,00
Check Total: 2,000.00
33231 10/07/2008 General Fund Miscellaneous Hairbergs Country Market 9.05
Check Total: 9.05
33232 10/07/2008 Scwcr Utility System Maint Supplies Hawk Labeling Systems 93.08
Check Total: 93.08
33233 10/07/2008 Water Chemicals Hawkins, Inc. 872.84
Check Total: 872.84
33234 10/07/2008 Fall Festival Miscellaneous HEJNY RENTALS INC. 98.17
Check Total; 98.17
33235 10/07/2008 General Fund Miscellaneous [TERI'S Inc. 8,599.38
Check Total: 8,599.38
33236 10/07/2008 General Fund Legal Services Jardine, Logan & O'Brien 475.00
Check Total: 475,00
33237 10/07/2008 Water Water Sales Elizabeth Johnson 88.01
AP - Checks for Approval ( 10/02/2008 - 2:28 PM:) Page 4
Check Number Check Date Fund Name Account Name Vendor Name Amount
Check Total: 88.01
33238 10/07/2008 Escrow Fund Deposits Payable Landmark, Inc. 1,500.00
Check Total: 1,500.00
33239 10/07/2008 General Fund Ducs & Subscriptions League of MN Cities 20.00
Check Total: 20.00
33240 10/07/2008 Fall Festival Miscellaneous Lake Elmo Inn 631.00
Check Total; 631.00
33241 10/07/2008 General Fund Fuel, Oil and Fluids Lake Elmo Oil, Inc. 977.44
Check Total: 977.44
33242 10/07/2008 General Fund Miscellaneous Sharon Lu rn by 137.46
Check Total: 137.46
33243 10/07/2008 Fall Festival Miscellaneous Greg Malmquist 348.00
Check Total: 348.00
33244 10/07/2008 Water Small Tools .84 Minor Equipment Mateo Tools 35.54
Check Total: 35.54
33245 10/07/2008 General Fund Landscaping Materials Mcnards - Oakdale 6124
33245 10/07/2008 Fall Festival Miscellaneous Mcnards - Oakdale 66.36
33245 10/07/2008 Fall Festival Miscellaneous Mcnards - Oakdale 74.53
Check Total: 202.13
33246 10/07/2008 General Fund Repairs/Maint Contractual Eqpt Menards - Stillwater 26.60
Check Total: 26.60
33247 10/07/2008 General Fund Contract Services MFRA 3,442.50
AP - Checks for Approval (10/02/2008 - 2:28 PM) Page 5
Check Number Check Date Fund Name Account Name Vendor Name Amount
Check Total: 3,442.50
33248 10/07/2008 General Fund Fire Prevention MN State Fire Chiefs Assn 50,00
33248 10/07/2008 General Fund Travel Expense MN State Fire Chiefs Assn 370.00
Check Total: 420.00
33249 10/07/2008 Water Water Utility City of Oakdale 19,00 L61
Check Total: 19,001.61
33250 10/07/2008 Fall Festival Miscellaneous Oakdale Rental Center 122.48
Check Total: 122,48
33251 10/07/2008 Fall Festival Office Supplies OfficeMax 22.04
33251 10/07/2008 General Fund Office Supplies OtTiceMax 55,98
33251 10/07/2008 General Fund Office Supplies OfficcMas- 69.64
Check Total-, 147.66
33252 10/07/2008 General Fund Legal Services Peterson Fram & Bergman 2,437.20
33252 10/07/2008 General Fund Civil Attorney Criminal Peterson Frain & Bergman 4,383,24
33252 10/07/2008 Water Miscellaneous Peterson Fram & Bergman 33.00
Check Total: 6,853.44
33253 10/07/2008 General Fund Repairs/Maint lmp Not B!dgs Petty Cash 23.47
33253 10/07/2008 General Fund Miscellaneous l'etty Cash 27. I 9
33253 10/07/2008 General Fund Rcpairs/Maint Contractual Eqpt Petty Cash 9.26
33253 10/07/2008 General Fund Repairs/Maint Contractual Eqpt Petty Cash 50.42
33253 10/07/2008 General Fund Miscellaneous Petty Cash 14,60
Check Total: 124.94
33254 10/07/2008 General Fund Repairs/Maint Contractual Bldg Pitney Bowes 693.00
Check Total: 693.00
33255 10/07/2008 General Fund Contract Services PLANT HEALTH ASSOCIATES, INC 869.50
33255 10/07/2008 Development Fund, Contract Services PLANT HEALTH ASSOCIATES, INC 446.50
33255 10/07/2008 General. Fund Printed Forms PLANT HEALTH ASSOCIATES, INC 53.38
AP - Checks for Approval (10/02/2008 - 2:28 I'M ) Page 6
Check Number Check Date Fund Name Account Name Vendor Name Amount
33256 10/07/2008 General Fund Equipment Parts Poinp's Tire Service, Inc.
33257 10/07/2008 General Fund
33257 10/07/2008 General Fund
Cable Operation Expense
Cable Operation Expense
Steven Press
Steven Press
33258 10/07/2008 General Fund RepairstMaint Contractual Bldg Quality Air
33259 1.0/07/2008 General Fund Fuel, Oil and Fluids River Country Cooperative
33260 10/07/2008 General Fund Printed Forms Rogers Printing Services
33261 10/07/2008 General Fund Miscellaneous City of Roseville
33261 [0/07/2008 General Fund Software Support City of Roseville
33262 10/07/2008 General Fund Repairs/Maint Contractual Bldg Diane Prince-Rud
33262 10/07/2008 General Fund Repairs/Maint Contractual Bldg Diane Prince-Rud
33263 10/07/2008 General Fund Miscellaneous ScCa Office Products, Inc.
33263 10/07/2008 Fall Festival Miscellaneous S&T Office Products, Inc.
33264 10/07/2008 General Fund Repairs/Maint Contractual Bldg Sams Club
33264 10/07/2008 General Fund Miscellaneous Sam's Club
33264 10/07/2008 General Fund Miscellaneous Sam's Club
33264 10/07/2008 General Fund Office Supplies Sam's Club
Check Total:
Check Total:
Check Total:
Check Tot -al:
Check Total:
Cheek. Total:
Check Total:
Check Total:
Check Total;
Al' - Checks for Approval ( 10/02/2008 - 2:28 PM ) Page 7
1,369.38
1,759.38
1,759.38
58.88
58.88
117.76
80.00
80.00
110.00
110.00
170.40
170.40
1,057.50
1,380.83
2,438.33
360.00
360.00
720.00
19.12
40.81
59.93
93.99
59.92
66.52
77.60
Check Number Check Date Fund Name
Account Name Vendor Name
33264 10/07/2008 General Fund Firc Prevention Sant's Club
33265 10/07/2008 General Fund Telephone Sprint
33266 10/07/2008 General Fund Equipment Parts Si Joseph Equipment, Inc,
33267 10/07/2008 General Fund Miscellaneous SUN NEWSPAPERS
33268 10/07/2008 General Fund Miscellaneous Surplus Services
33268 10/07/2008 General Fund Landscaping Materials Surplus Services
Cheek Total:
Check Total':
Check Total:
Check Total:
Check Total:
Amount
14.24
312.27
121.40
121.40
40.26
40.26
39.50
39.50
30.00
46.00
76.00
33269 10/07/2008 General Fund Street Maintenance Materials T.A. Schifsky & Sons 149.94
33269 10/07/2008 General Fund Street Maintenance Materials T.A. Schifsky Sons 896.83
Check Total: 1,046.77
33270 10/07/2008 General Fund Telephone TDS METROCOM - MN 162.43
33270 10/07/2008 General Fund Telephone TOS METROCOM - MN 69.96
33270 10/07/2008 Sewer Telephone TDS METROCOM - MN 103.29
Check Total: 335.68
33271 10/07/2008 Water Engineering Services TKDA, Inc. 25.80
33271 10/07/2008 Development Fund Engineering Services TKDA, Inc. 9,543.37
33271 10/07/2008 Development Fund Engineering Services TKDA, Inc. 2,511.28
33271 10/07/2008 Development Fund Engineering Services TKDA, Inc. 1,792.59
33271 10/07/2008 Development Fund Engineering Services TKDA, Inc. 2,469.75
33271 10/07/2008 Development Fund Engineering Services TKDA, Inc. 6,043.18
33271 10/07/2008 Development Fund Engineering Services TKDA, Inc_ 2,401.48
33271 10/07/2008 Village Engineering Services TKDA, Inc. 1,298.92
33271 10/07/2008 General Fund Engineering Services TKO& Inc. 6,049.89
33271 10/07/2008 General Fund Engineering Services TK DA: Inc, 4,303.66
33271 10/07/2003 Infrastructure Reserve Engineering Services TKDA, Inc. 2,839.61
AP - Cheeks for Approval (10(02/2008 - 2:28 PM ) Page
Check Number Check Date Fund Name Account Name Vendor Name Amount
33271 10/07/2008 Surface Water Utility Engineering Services TKDA, Inc, 2,955.87
33271 10/07/2008 Water Engineering Services TKDA, Inc. 1,669.30
33271 I 0/07/2008 Sewer Engineering Services TKDA, Inc. 833,11
33271 10/07/2008 Water Engineering Services TKDA, Inc. 546.78
Check Total: 45,284.59
33272 10/07/2008 Water Utility System Maintenance Twin City Water Clinic, Inc. 65.00
Check Total: 65.00
33273 10/07/2008 General Fund Telephone USA Mobility Wireless, Inc. 21.39
Check Total: 21.39
33274 10/07/2008 General Fund Medical Insurance UniCare Life & Health Ins 190.89
Check Total: 190.89
33275 10/07/2008 General Fund Telephone Vata Communications, Inc. 114.07
Check Total: 1 14.07
33276 10/07/2008 General Fund Professional Development VISA 35.00
Check Total: 33.00
33277 I 0/07/2008 General Fund Repairs/Maint Contractual Bldg Yocum Oil Company, Inc. 159.75
Check Total: 159.75
33278 10/07/2008 General Fund Cleaning Supplies Zack's, Inc_ 59.49
33278 10/07/2008 General Fund Shop Materials Zack's, Inc. 131.86
Check Total: 191.35
Report Total: 152,414.57
AP - Checks for Approval ( 10/02(2008 - 2:28 PM) Page 9
ITEM:
SUBMITTED BY: Mike 8outhilet. Public Works Superintendent
REVIEWED BY: Maintenance Advisory Committee (MAC)
Susan Hoyt, City Administrator
City Council
Date: 10.0708
CONSENT
Item: 3
Motion
Approve purchase of asphalt roller and asphalt saw
SUMMARY AND ACTION REQUESTED: The city council isbeing asked hoapprove the
purchase ofanasphalt roller toreplace the 1885roller for $13.41O/41from St. Joseph
Equipment and an asphalt saw to cut out pavement to be patched for $ 2,005.84 out of the capital
equipment fund. This equipment is required to maintain the condition of the roads and public city
parking areas prior to having them upgraded through a street overlay or reconstruction project.
These are 2008 budgeted CIP items out of the capital equipment fund, which has a balance of
over $5OO.UOOtocover these costs of $15.418.25.This equipment will provide the city the ability
to do more efficient patching and repairing of asphalt areas due to the additional features on the
roller including the ability to use vibratory oonnpacUon, more weight, roll over protection. The
public works employees tested this equipment and found that the heavier machine with alarger
water tank and larger operating platform made the machine more useful. The MAC reviewed and
recommended these purchases (Attachment 1 —Minutesfrom MAC meeting).
ASPHALT ROLLER
St, Joseph Equipment '.
ThState Bobcat
State contract
Rental
ASPHALT SAW
iJnit.edRental (ourchase/notrental)
EschConstruction Supply Inc.
Tri-State Bobcat
�$13.410.41(innudingbax)
$ 13.810
$14.00O(includes estimate for delivery)
$1 31U/monhh—needhnurnnonthooftheyear
(pay for new machine in<3years)
$2.006.84
$2.170�47--
Motion the purchase ofonasphalt roller Stone Wolf PAC 3Y00from 3LJooeoh
Equipment with lights, city logo and tax for $Y3\4Y(I4Yand enasphalt saw and blade from
United Rental for $2,005.84 out of the capital equipment fund.
1 MAC draft meeting minutes from 9'24-O8
Draft Copy
CITY of LAKE ELMO
MAINTENANCE ADVISORY COMMITTEE
Minutes of
September 24, 2008
Present:, Members: Dick Gustafson, George Dege, Chuck Stanley,
Steve Gurney, Bud Talcott,
Alternate: Steve Ziertman,
Guest: Rick Gustafson
The meeting was called to order at 7:05pm at the Maintenance Building
The agenda was reviewed and approved with no changes made.
Rick reviewed the need for a new Asphalt Roller. Our existing unit is a 1985
model in need of repair. Being as old as it is parts are hard to find and expensive.
The clutch needs to be replaced and the plates only would cost over $900 plus
the additional parts that would be needed. In that it is 23 years old it will most
likely need additional repairs and we may not be able to get those parts, so it is
advisable to replace it.
The new unit being looked at is larger and has a vibrating roller which will do a
better job of compacting the Asphalt making a better repair that will last longer.
This unit has is of all steel body construction unlike some other units which are
mostly plastic. We now have a unit we rented to do some work that we can
purchase at a $1500 discount. This is a new unit with 10hours of use of which we
used it 3-4 of the hours. Rick said it also will fit on our old trailer with a little
modification so we will not need to purchase a new one.
Rick said to rent one would cost about $1300/mo and if the weather were bad or
something more important came up the rented roller could just set and not be
used. This would then be money just wasted.
Bud T. asked what we would do with the old unit. Rick said they would try to sell
it as is. Some small contractor could make use of it for small jobs.
Chuck S asked how much we use a roller. Rick said so far this year they have
gone through 100 ton of Asphalt and the way it looks they will be doing a lot more
with the condition of some of the streets.
A Motion was made by George D and seconded by Steve G to purchase the
Stone WolfPac 3100 Roller with Safety Lights, Lettering and tax for a price of
$13,410.41 from St. Joseph Equip.
The motion Passed
Page 2
MAC Meeting September 24, 2008
Rick reviewed the need for a walk behind Asphalt saw for cutting out bad area's
to be repaired. Cutting out the bad area creates a dean neat patch which will last
longer than just digging out the bad material and filling it. They do have a small
hand held saw but it is slow and not big enough for the larger patch jobs. Also the
operator must bend over and be very close to the cutting blade when using it.
He said they checked with other cities and found the Husqvanna FS400 to be the
one they use and recommend.
Steve Z asked if it would not be better to get a saw attachment for the bobcat.
Rick said it would be more cumbersome to use and would not be able to get into
some of the tight areas they must patch. Other Cities who did have saw
attachments discarded them in favor of the walk behind units.
A Motion was made by Steve G and seconded by Chuck S to purchase the
Huszvanna FS400 saw and blade from United Rental for $ 2,005.84 including
tax. The motion passed.
The Minutes of August 26, 2008 review with no changes.
A Motion to approve them was made by Chuck S and seconded by George D.
The Motion Passed.
Hearing no objections the meeting was adjourned at 7:50pm.
Respectfully submitted,
Bud Talcott,
Chairman/ Secretary
City Council
Date: 10.07,08
CONSENT
|0am� 4
ITEM, Approve the purchase ofUtility Billing Software
SUBMITTED BY: Susan Hoyt City Administrator
REV|BNEDBY� Joe Rigdon.Finance Consultant
Tom Bouthilet, Finance Director
SUMMARY AND ACTION REQUESTED: The city council ksbeing asked hzapprove the
purchase of Springbrook Utility Billing software to upgrade the utility billing financial systems and
to integrate utility billing into the city's financial software. The cost of the conversion in $10.100
with anannual maintenance charge o/$2,OSO. The cost will becharged tothe three utility funds
(water, surface water and sewer), which receive revenue from users of these funds not from the
general taxpayers. Currently, the city's software does not allow utility billing tobointegrated into
the citv'efinancial record keeping because it is on different software, This will allow the city to
incorporate the three utility enterprise funds financial information into budget, financial reporting
and audit with ease. |twill also require knowledge and experience with only one software. It also
allows the city to transition to more efficient system, which provides addressed (not stamped)
return envelopes to utility customers sothat h is easier to return payments to the city since the
customer won't need to address an envelope. , (This is e standard service in most billing activities
and increases the promptness of payments from customers). In the future, the city will look into
credit card orautomatic payment options for its utility customers. Once this purchase iamade,
the city will outsource the utility billing process to Roseville, where it can be done much more
efficiently. Roseville will provide training to our finance director so he understands the system and
how itworks. The questions about utility bills are fielded by our finance director and the city
establishes fees and manages the udUh/ billing process.
Motion: Approve the purchase of Springbrook utility billing software for $10, 100 charged to the
1 Memo from Finance Consultant
Memorandum
To: Susan Hoyt, City of Lake Elmo
From: Joe Rigdon, KDV
Date: October 1, 2008
Re: Conversion of Utility Billing from Banyon Software to Springbrook Software
In order to improve the accuracy, efficiency, and accountability of the City's utility
billing and overall accounting and financial reporting, it is recommended that the City
Council authorize the conversion of the City's utility billing software data from Banyon
software to Springbrook software, including related costs. Utilizing just one accounting
software for all of the City's accounting functions will improve the finance department's
overall accuracy and efficiency. Also, through the use of utility billing statements and
return envelopes, the utility billing service delivery, including the payment and receipting
processes, will be improved and optimized. Funding for the conversion and related costs
will be obtained from the City's Water, Sewer, and Surface Water utility funds.
Currently the City records its financial activities in both Springbrook software (general
ledger, accounts payable, receipting, payroll, bank reconciliation, etc.) and Banyon
software (utility billing). The two softwares are not integrated, meaning inefficient
manual entries from the subsidiary Banyon utility billing module (including utility
billings, receipts, and adjustments) are currently necessary to maintain an accurate and
accountable general ledger in Springbrook. Optimally, the City would utilize one
accounting software with integration between all modules.
At the time the City purchased Springbrook software, the Springbrook utility billing
module was included. In 2001, conversion of Banyan utility billing data to Springbrook
was unsuccessful due to difficulties with the DOS version of Banyon used by the City at
that time. The City's current version of Banyon is Windows based, and a conversion of
the Banyon utility billing data to Springbrook has been determined to be feasible and
appropriate.
Springbrook provided an "Investment Pricing Proposal for the City of Lake Elmo",
which indicates a conversion cost of $10,100 and annual software maintenance costs of
$2,090. Conversion would optimistically occur in October -November 2008, with a goal
of the City's 41th quarter 2008 utility billing to be completed by the City of Roseville (per
accounting services contract) in December 2008 utilizing Springbrook software. Costs
would be paid by the City's three utility funds, including Water, Sewer, and Surface
Water. Items in the proposal include:
Upgrade of Springbrook utility billing database from Version 6 to Version 6.07:
the City would not otherwise upgrade this database to Version 6.07 due to a likely
migration to Version 7 within 1-2 years, but Springbrook would prefer to move
the converted Banyan data to a new Version 6.07 stand alone database (stand
alone only until the migration to Version 7): $0
• Utility Billing Suite: already purchased by the City: $0
• Standard Meter Reading Interface: includes interface of two sets of City meter
reading equipment: $3,500
• Training and Consulting: largely to be provided by the City of Roseville finance
and utility billing departments, who currently are contracted by the City and also
utilize Springbrook software: $600
• Implementation Management: Springbrook project management only to be billed
for actual costs: $3,000
• Conversion: moving utility billing master files from Banyon to Springbrook:
$3,000
• Annual Springbrook Maintenance Costs: $2,090 (when determined to be
appropriate, the City may discontinue paying Banyon annual software
maintenance costs)
Also, the following additional related costs are expected:
• Training and Consulting: largely to be provided by the City of Roseville finance
and utility billing departments, who currently are contracted by the City and who
also utilize Springbrook software
• Conversion: the City of Roseville information technology department, who
currently is contracted by the City, will assist in extracting Banyon utility billing
data into the proper format for the conversion
• Billing Statements, Return Envelopes, and Window Envelopes: the City will
change from a postcard billing to a statement billing and incur additional costs,
while standardizing and streamlining the payment and receipting processes
• Postage: transitioning from postcards to window envelopes/statements will
increase postage costs
Recommendation:
Authorize the conversion of the City's utility billing software data from Banyon software
to Springbrook software with pricing as detailed. In addition, authorize the additional
related costs as detailed. Funding for the conversion and related costs will be obtained
from the City's three utility funds, including Water, Sewer, and Surface Water.
City Council
Oaha October 7.2OU8
CONSENT
Item: c,-
ITEM: Authorize the release nfthe financial security for the Park Meadows
development.
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Susan Hoyt, City Administrator
Kyle Kiatt, Planning Director
Ryan Stempski, Assistant City Engineer
SUMMARY AND ACTION REQUESTED: The city council is being asked to authorize the City
Administrator to release cash security to the Park Meadows developer upon completion of the
remaining improvements upon bythe City Engineer's written recommendation following an
inspection of the completed improvements in the amount of $102,820 with $5,930 being retained
until the vegetation ioestablished inthe infiltration area over the coming year, These
improvements have been completed on October 2, 2008 and are waiting for an inspection as of
this writing.
Approve the release of financial security for the Park Meadows Development.
ENGINEERS ARCHITECTS • PLANNERS'
September 12, 2008
Mr. Joe Bush
P,O, Box 893
3537 Lake Elmo Avenue N
Lake Elmo, MN 55042
Re: Park Meadows
City of Lake Elmo, Minnesota
TKDA Project No. 13819.008
Dear Mr. Bush:
VIA FAX: 651/777-6134
444 COW Stree`,,uile 1560
Saint Paul, MN 55101-2140
(851) 292-4400
(651) 292-0083 Fax
www.ticaa,com
We are in receipt of your estimate of work to be completed for the Park Meadows development,
All, work must be completed per the approved plans and specifications for the development.
Please provide a schedule to complete the work, so the City of Lake Elmo can provide inspection
accordingly, A 48 hour notice must be given to me prior to any construction activity.
The City of Lake Elmo holds $108,750 in financial security for the completion of this
development. Upon completion of the work and approval from the City of Lake Elmo, an
amount equal to the lump sum of the work cornpleted shall be released to you as follows:
1, Record Drawings $6,450
2. Infiltration area correction $5,500
3. Landscaping $50, 970
4. Bituminous wear course paving $39,900
Total amount of work to be completed: S102,820
The remaining $5,930 will be held as financial security until establishment and acceptance of the
infiltration area correction is confirmed by the Valley Branch Watershed District, Signed
documentation of a one-year warranty must be provided to the City of Lake Elmo for the
seeding, landscaping, and paving work.
Finally, documentation of recording of all low floor elevations must be provided to VBWD and
the City of Lake Elmo.
Ar Employe Owned Company Promoting Affirmative Action and Equal Opporfundy
Park Meadows
September 12, 2008
page 2
Once all work has been accepted and all requested documentation received, the City of Lake
Elmo will allow building permits within Park Meadows.
Sincerely,
RyanW. S
Lake Elmo As
t Engineer
cc: Jack Griffin, City Engineer
Susan Hoyt, City Administrator
Kyle Klatt, Planning Director
Karl Horning, Building Official
John Hanson, VBWF.) Engineer
City Council
Date: 10-7'08
REGULAR
Item: O
MOTION
ITEM: Consider endorsing anEagle Scout Veterans Memorial Park Project for
VFW Park
REQUESTED BY: Kevin Schwarz, Eagle Scout Candidate
SUBMITTED BY: Carol Kheg|sn.Project Assistant
Mike Bouthilet, Public Works Superintendent
REVIEWED BY: Park Commission
Susan Hoyt, City Administrator
SUMMARY AND ACTION REQUESTED: The city council isbeing asked 0zendorse Kevin
8chwarz's proposal for an Eagle Scout Veterans Memorial project at VFW park and to accept
donations on behalf of the project that are contributed to support the work. Kevin is a Lake Elmo
resident and a candidate for Eagle Scout. Hewill take responsibility for raising funds and
implementing the project, The project goal istopay tribute hoLake Elmo Area veterans. The
memorial would bolocated atthe site ofthe existing flag pole just outside the outfield fence |n
right -center field near Layton Avenue, |tiaexpected Vuget underway this fall with adedication on
Veterans Day — November 11� The proposed project involves replacement ofthe existing
Oagpo|e. lighting, and landscaping. Landscaping is anticipated to include creation of landscape
bed with plantings, astepping stone pathway, and placement oflimestone blocks toserve as
benches, The existing flagpole is in poor condition, not illuminated, and |aoKo landscaping
The Parks Commission endorsed the project, The|oco|VFVVa|soaupportothep jeoLThereana
nocity funds being requested for this project.
ADDITIONAL INFORMATION
Kevin has been in communication with local VFW President Al Mitchell to gain input and support
for the proposed project. The post isvery supportive ofthe project andhanexpneosedhhatVFVV
Park isconsidered the most appropriate location for such a memorial. In addition. Kevin has met
on site with staff and members of the Park Commission on several occasions in an effort to refine
the proposed design and ensure that the memorial is placed in the best possible location. The
lack of available open space and proximity of underground utilities has made sighting of the
memorial achallenge. After much consideration and research, the proposed location inthe best
location for the memorial,
SUGGESTED MOTION:
Move to endorse the Veterans Memorial Eagle Scout project at VFW Park and to accept
ORDER OFBU8/NE88�
• Introduction Susan Hoyt, City Administrator
• Report Carol Kri |n�Perh/P/ojectAosistent
° Questions b]the presenter Mayor and Council members
" Questions from the public, ifany Mayor facilitates
° Call for amotion Mayor and Council members
Action City Council
Attachments: 1, Schwarz Eagle Scout Project Memo to the Council
2. Veterans Memorial Project Design
Dear Council Member,
My name is Kevin Schwarz, and I'm working on an Eagle Scout project. I'm creating a
Veterans Memorial in Lake Elmo. My goal is to create a memorial that is respectful, sustainable,
and will make veterans proud. In order to do this I am working with materials that cannot be
tampered with, broken, stolen, or other wise vandalized. 1 want this memorial to be done right
and I want our veterans to be proud of it. I have lived in Lake Elmo all my life and have helped
to upkeep the "Welcome to Lake Elmo" sign, and this memorial will surely not go to waste.
Below is a summary of my project.
Project Summary:
The memorial will be located at the VFW Ball Park in Lake Elmo, MN. The memorial will be
constructed near the Western outfield fence line of the park; near the current flag. The memorial
will entail a central flag pole protruding from mulch which will be raised up form the
surrounding path by a level of retaining brick. A layer of class 5 will be put down, compacted
and then a layer of limestone pave put over the class five. Three foot by one foot by six inch
deep stone stepping stones will be embedded into the walking path and one will be set in front of
each stone bench. The limestone pave will be outlined by a garden bed encompassing perenniat
natural wild flowers and grasses. There will be Large flat face cut stones: placed across from
each other centering on the flag pole, both of which stones will sit inside the flower beds.
Electrical will be run 1 1 1 ft from the nearest power line of 120V to the memorial in order to
power two lights to light the flag through out the night. The Line will be run by Xcel Energy and
a local electrician in Lake Elmo. Directly in front of the flag pole facing the entrance path will sit
a mid size stone, with one face flat cut, engraved with commemoration of Lake Elmo veterans.
The existing flag pole will be removed. 1 am hoping that with your approval, the memorial will
be finished by the end of October, and commemorated on November 11ffi: Veteran's Day.
I have attached a drawing showing my proposed project. Since I made the drawing, both
the Park Commission and Mr. Bouthilet have agreed that the memorial should be up
against the fence. The shape along the fence will be changed to accommodate mowing
and will also include some evergreen trees. The estimated cost of my project is
$9000.00. I feel it is important to commemorate the Veterans of Lake Elmo with a well
constructed memorial that will last for many years. I hope to have the project complete
in time for a dedication on Veteran's Day, November 11. 1 am contacting many local
organizations and businesses in the hope 1 can complete all aspects of the proposed
project. I am hoping you will approve my plan so that 1 may move forward with my
project. This will be a permanent memorial in our town.
I invite you all to meet with me out at the site before the Council Meeting. I am available
this weekend and after 3:00 on school days. If you have any further questions, please
contact me at 651-779-2227 or by email schwarz209a,aol.com. Thank you for your
time.
Sincerely,
Kevin Schwarz
Boy Scout Troop 224
• • "
(‘j 3P4t
! ' !
-1,
LJ LJ....,...J .1........_J L.,
BaffleId
Picnic -Fable, 1
Parking, 10, Unpaved
Entry
Parking (10)
Layton Avenue
VFW PARK
Mini Park
Bench
Baltfield
3675 Layton Avneue
3 acres
est: 1998
Picnic Table
Bench
January, 2001
ITEM:
City Council
Oahe: 10/0/08
REGULAR
Item: 7
Conduct random drawing for the purpose of selecting individuals to
participate inthe deer harvest being conducted in Sunfish Lake Park
November 8'Sand 15'1G.
SUBMITTED BY: Caro/ Krieo/er, Project Assistant
Mike Bouthliet, Park and Public Works Superintendent
REVIEWED BY: Susan Hoyt, City Administrator
SUMMARY AND ACTION REQUESTED: The city council isbeing asked toconduct anandom
drawing for the purpose of selecting individuals to participate in the deer harvestbeing conducted
mSunfish Lake Park November 8-9and 15-10. The harvest isbeing conducted inoneffort to
keep the area deer population inbalance with available habitat,
Notice ofthe deer harvest event and opportunity brparticipate was made through the city
websma'several newspapers, and the city newsletter, Entries were limited tuLake Elmo
residents. Thirty-five entries were received by the October deadline. The council is being
asked to select 10 entries by random drawing with the first 8 selections being designated as
hunters and the last 2selections being designated esalternates,
ADDITIONAL INFORMATION:
Earlier this year, the city council approved a deer harvest to be conducted in Sunfish Lake Park in
November 20O8inconjunction with the Lake Elmo Park Reserve deer harvest. The goal ofthe
hunt intoreduce the deer population inthe two parks by1OOdeer, resulting inmpopulation uf?5
bz25deer per square mile. This has been a15year on -going partnership between the county
and the city b)control the deer population. The deer harvest will beconducted inconjunction with
the Lake Elmo Park Reserve harvest, with assistance ofthe DNR. in the two parks over two
weekends in November (November 8'9. and 15 & 16)� Anumber ofprecautions will bo in place
to ensure that potential pork visitors will not enter the parks during the hunt including extensive
signing ofpark entrances and boundaries.
Deer populations have been growing steadily in Washington County and throughout the
Metropolitan area for the last 3Oyears. |norder h)keep deer populations inbalance with
available habitat, collective efforts between the Minnesota Department of Natural Resources,
metropolitan cities, park agencies, sportsmen's organizations, and private citizens have been
developed and implemented.
The Washington County padm Divisiom, with assistance from the MIN DNR. recommends the use
of a "special hunt" to manage deer populations within the Lake Elmo Park Reserve and adjacent
Sunfish Lake Park. K4NONRwildlife managers estimate that upwards of2OOdeer are inthe
park areas based on a 2008 aerial count of 153 and the assumption that 30% of the actual deer
population ismissed through aerial surveys. Apopulation ofthis size causes significant damage
to trees and shrubs in the parks due to browsing and also poses a traffic hazard as deer cross
nearby highways, AoontrnUed hunt in the parks should nannnve significant numbers ofdeer from
the parks, while also dispersing deer into areas where they may be harvested by other hunters,
thereby increasing the overall effectiveness ofthe harvest.
City Council
Dohe:1O.O7D8
REGULAR
Item: 8
Motion
ITEM: Consider improvements hzthe communitvffiremeeting space in
Station #1
SUBMITTED BY: Greg K8a|mquist, Fire Chief
REVIEWED BY:-3uaanHoyt, City Adminio�ahzr
�
SUMMARY AND ACTION REQUESTED: The city onuncU in being asked to approve
improvements to the community/fire station meeting space in 3tedon#1 for an estimated cost of
$ 19.000 out of the capital equipment fund. This is a budgeted item in 2008 at an estimated cost
of $34 G1g. This project has achieved a priority in 2008 due to the heavy use of the facility by the
community and the firefighters and the inefficiency of the space for meeting today's meeting and
training needs. This isthe first phase ofimprovements for this space which has not been
upgraded for 12 to 15 years. The purpose of the improvements are to make the apace more
attractive by replacing the na/pet, painting and new ceiling U)en and more functional by providing
small portable tab/eo, a smaller conference table that can be moved and a white board and
povverpoint projector for training and prenentedone. Although the facility is primarily used by the
fire department for its dh||o and training sesaions, the facility in a community space that is used by
the Jaycees, the K8AC, for all u|eodona and for various other city functions on an as needed basis.
The firefighters are volunteering time for painting. The capital equipment fund balance is
estimated at $ 500.000 as of this writing and can manage these costswhich are budgeted, The
city cannot use the 2004A public facilities bond revenue for this project because of the terms of
this bond sale.
ADDITIONAL INFORMATION
The project will include the following:
o Brightening upthe room bypainting the paneled walls (Firefighters will supply
the labor).
o Upgrading the inadequate lighting byadding additional lights.
o Replacing the worn carpet.
o Replacing the dirty ceiling dkss. (Firefighters will supply the labor)
o Replacing the current broken, mismatched tables and chairs with narrower
folding tables and ntackab|ochairs to better utilize the space, This will allow for
anadditional 12-25seating positions for training and meetings.
o Replace the conference table with a smaller unit.
o Add elarger whibeboard
o Add epowerpointpnojeotzr/snnaen/stand
o Install ceiling fans inthe truck bays toimprove heating efficiency and reduce
maintenance onvehicles.
Phase 1 of this project is a stand alone project so committing to phase 1 does not commit the obv
council to additional expenditures without review and approval. Phase 2 of the Station #1
improvements will babudgeted for 2OOQ; itincludes new garage door openers and awater
softener.
At this time there are no immediate plans for constructing a new fire station to replace the existing
fire station, Any future new facility would be part of a well developed capital improvement plan
with identified revenue sources and with the impact from these revenue sources ontaxpayers
and fund balances identified prior to proceeding with such a project,
SUGGESTED MOTION FOR CONSIDERATION:
Move to approve no more than $ 21,000 for improvements to the community/fire meeting space
at station #1 out of the capital equipment fund.
SUGGESTED ORDER OF BUSINESS:
• Introduction:
• Report
• Questions to presenter
Questions/comments from the
Public, if any (up to 3 minutes)
it Call for a motion
• Discussion
• Consider approval
ATTACHMENTS:
Susan Hoyt, City Administrator
Chief Malmquist
Mayor and Council members
Mayor facilitates
Mayor and Council members
Mayor and Council members
City Council
1 Estimated Costs for Station 1 Improvements
CARPET
CEILING TILES
PAINT
ELECTRICAL
TABLES/CHAIRS
CONFERENCE TABLE
MISC,
GARAGE DOOR OPENERS
WATER SOFTENER
ELECTRICAL
FURNITURE FOR DAYROOM
WATER SOFTENER
PROJECT
Commercial grade, removal and
install
102-2.x4' tiles, (FF's will install)
FF's will paint walls
Add 1 row lights and 2 cans
Ceiling fans in truck bays. Wiring
only
Ceiling fans x 5, (FF's will install)
13-tables/46 stack chairs w/storage
racks
8'-oval
VVhite Board, 4'x12'
Power Pont projector/screen and
PROJECT
Replace 4 old openers w/new that
meet safety standards. (May need to
be additional electrical work).
Room Divider
Provide and install
STATION #1 PROJECTS
PHASE #1
VENDOR
VENDOR
i1c10- es ies-$4,009.00
Meq*Js45.
$610.98i s
Menards
Attied,-.,$Z81.1100: Linnear $3360.00
A,Itted Linnear - $1920.00
Home Depot, 5 x $59.99 each $299.95
MININCOR
,4
sieFtio.ao
OMSS-no call back
117-ierney42-,128914
PHASE #2
VENDOR
IDC - $4752.00
VENDOR
TO 260,
Sun Ray - $4,000.00 RA -MAR - $2795.00 Dads
STATION #2 PROJECTS
PROJECT VENDOR VENDOR
Ceiling fans in truck bays. Allied $104.00, .ILinnear - $2035.00
Ceiling fans x 4, Home Depot, 4 x $59.99 each $239.95
Provide and install
HorvI - $3;OO�QO
Sun Ray - $4,000.00 Oads
0.00
GRAND TOTAL
VENDOR
$3,446.40
$610.98
$400.00
$2,810.00
$1,294.00
$299.95
$6,489.40
$583.00
$558.00
$2,280.17
TOTAL' $18,771.90
VENDOR
580.00
TOTAL
VENDOR
RA -MAR - $1645.00
$4,200.00
$1,580.00
$5,780.00
$1,414.00
$239.96
$3,000.00
$980.00
TOTAL $5,633.96
$30,185.86
City Council
Date: 10I08
REGULAR
bem�0
INFORMATION
ITEM: Receive enupdate onthe Comprehensive Water System Plan
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Susan Hoyt, City Administrator
Ryan 8tompakiAssistant City Engineer
SUMMARY AND ACTION RBQUESTE[l The city council isbeing asked hnreceive en
informational update on the Comprehensive Water System Plan, Jack Griffin, City Engineer will
present the recent history of the water system planning efforts. He will present the status ofthe
overall plan showing the most recent planning information in draft form, identify the remaining
work elements tocomplete the plan, and identify the key decisions that will need tobemade
before final plan can be completed. Any future plan must include evaluating public water
service to areas with contamination and be tied to a capital improvement plan for implementing
the water plan. The current water system, as it is conatrunbad, requires n new well in the very
near future and this will be addressed in the 2009 — 2014 CIP, The water projects need to be
prioritized in the CIP for the water plan. Work on funding for the CIP projects will not only include
current and future water users, which is traditionally how water services are paid for. but sources
Outside the city that may be available and/or sought out to deal with contamination related water
service needs. This may possibly include resources the city doesn't have available at this time
such anstate, federal or3Mopportunities,
Oho\na|comprehensive plan 2OO5.the city engineer, TKOA.was asked tocomplete aWater
System Comprehensive Plan kzprovide water service city wide. Aopart ofthis plan, three new
development projects vvonatobeaupp|iedvvithoityvvobar(RoukpuintChurch Discover Crossing,
and 8L Cnuix'm Sanctuary). TKDA was authorized in October. 2005 to design the Northern
VVatermain Extension whiohconnected these developments and ultimately extended trunk
watermaintnRookpointChurch (TH3Oand Keats Axenue). The Water System Comprehensive
Plan was not finalized, but was incorporated into the 2030 Comprehensive Plan adopted in 2006.
PFC impacts in 2005. In Januery2OD5. PFC contamination was discovered in the City of
Oakdale and the Minnesota Department of Health notified Lake Elmo of its intention to implement
aweU testing program in the city. Early testing results identified PFC contamination in theTab|yn
Park/Lake Elmo Heights neighborhoods and the city began negotiations with 3M, This resulted in
water service extension to approximately 200 homes in Lake Elmo Heights, Tablyn Park, and
along 31stStreet, JaneroAvenue, and Jom|eyAvenue.
Pre-2005Plannino. The planning efforts for the city water supply system have undergone several
revisions in recent years in response to the need to revise the intended service areas. As recently
as April 2004 the city completed the Old Village Study Area Comprehensive Water System Plan
which limited city water service tuthe Old Village Area and anorthern service area extending to
the to Fields of St, Crpix2nd Addition' B|ueotem at the Fields of St. Croix. Tana Ridge. and
Carriage Station subdivisions. The northern water system extensions were constructed from 2001
to20O3 together with these development projects, VVo||andPumphmuseNo.2vvereconatructed
inthe Carriage Station subdivision in2OO1�
/n Novamber2OO4. the Water Systems Interconnection feasibility report was completed to Identify
the costs for interconnecting the Old Village water system to the Lake Jane water system and to
provide water service to the 31ststneet area that was experiencing trace contamination in their
private wells, |naddition, Tapestry atCharlotte's Grove and Farms ofLake Elmo (two new
development projects) weneruquesdngcih/wotersemice.Altheommetimetheoitywas|ooking
for site to construct a new elevated storage tank since the existing tank was deficient in supply
capacity for the current service population, Elevated Storage Tank No. 2was located at the
Public Works Buitding Site at TH 5 and Inwood Avenue and eventually completed in 2006.
NDACTION REQUIRED — INFORMATION ONLY
ORDER OF8US\NESG�
o Introduction
w Report bystaff orother presenter
w Questions from city council members bothe presenter
w C>ueationo/tVmmentsfrom the public tothe city council
(amaximum ofthree minutes per quonhon/otokamonV
ATTACHMENTS'.
1. Existing Water System Infrastructure map
Susan Hoyt, City Administrator
Jack Griffin, City Engineer
Mayor and council members
Mayor facilitates
City Council
Date: 10.07,08
REGULAR
|ham� 10
Motion
ITEM: Approve new agreement on922431slNorth 0oreplace existing
agreement to bring property into compliance with the city code
SUBMITTED BY:
Jerry Fi|la,City Attorney
Susan Hoyt, City Administrator
SUMMARY AND ACTION REQUESTED: The city council iebeing asked toapprove an
agreement to replace the existing agreement on 9224 316' Street North on the property which is
owned byLinda and David Hardy. The proposed agreement sets out specific terms and
conditions for bringing the property into compliance with the code and a temporary certificate of
occupancy within six months from the date of approval of this agreement with the requirement
that the property meet permanent certificate of occupancy requirements within no more than
three months after the temporary certificate isissued. The new agreement ismore specific inits
requirements to meet both o temporary and permanent certificate of occupancy. It also clarifies
that the city is prepared to use its authority under state statute to deal with a potentially
hazardous and blighted property should the property not be brought into conformance with city
code and certificate of occupancy requirements within six months from the date of approval,
(This would beApril 7'2OO8.ifthe agreement isapproved atthis meet)ng), The agreement also
returns the property owner's escrow money collected by the city tothe property owner, The
property owner plans to use these funds on property improvements. Hnw/ever, these escrow
funds will bereturned only after the cost ofremoval ofthe construction debris and the cost of
closing up of the structure with boards from the elements are completed, The new agreement
puts the responsibility to get a certificate of occupancy within a six month time limit entirely on the
property owner so the success or the failure to accomplish this rests entirely on the property
owner without city intervention or responsibility to accomplish this goal except for the city'n
standard responsibility of inspecting and tracking the progress on this property and to take the
necessary measures tVeliminate blight should that Uenecessary. The property owner has
agreed tothese terms, which have been reviewed by the property owner's attorney. The city
attorney recommends approval ofthis new agreement.
ADDITIONAL INFORMATION
Requirements and timelines are established for a temporary and a permanent certificate of
occupancy. This is consistent with how all property owners are tmoekyd on residential dwellings,
A property owner has the right to occupy a structure with a temporary certificate of occupancy
with the condition that a permanent certificate of occupancy is required within an identified
timeline.
The city will be enforcing the terms of this agreement,
Motion:
Approve new agreement between Linda and David Hardy, property owners of 9224 North 31
ORDER DFBUS|NESS�
a Introduction/Report
" Questions brthe presenter
° Questions from the public
= Call for amotion
• Discussion
• Action
ATTACHMENT:
1 Proposed new agreement
Susan Hoyt, City Administrator
� Jerry FiUa,City Attorney
Mayor and Council members
Mayor facilitates
Mayor and Council members
Mayor and Council members
City Council
AGREEMENT
Between the City of Lake Elmo
And
Linda Hardy and David Hardy, Property Owners,
9224 31st Street, Lake Elmo, Minnesota
Parties,This agreement dated , 2008 is entered into by and
between the City of Lake Elmo, (the City); and Linda Hardy and David Hardy,
(collectively Property Owner) the Property Owner 9224 31 Street, Lake Elmo, Minnesota.
Recitals
The City and the Property Owner, entered into an agreement on November 1, 2005 that
provided for moving a single family detached building on to the property at 9224 3l
Street.
The City and the Property Owner agreed to a new agreement on November 6, 2006 to
bring the property up to the city codes.
As of this date, the property does not meet the city code and does not meet the
requirements for a temporary or permanent certificate of occupancy.
The City and the Property Owner agree that it is in the best interest of the City and the
Property Owner to terminate the agreement dated November 6, 2006; and
The City and the Property owner agree that the November 6, 2006 agreement
be replaced with the following agreement in order to establish a timeline and to identify
requirements tor obtaining a temporary and permanent certificate of occupancy and to
eliminate a potential health and safety hazards and blight on the property.
Terms and Conditions
1. The City agrees to:
a,
b.
Release the $ 36,884.90 ($35,466.25 plus 4% interest) to the property owner
less the cost of the following tasks. The release of the funds will come after
the following tasks are completed and the cost of these tasks are
subtracted from the $36,884.90.:
1) removing construction and demolition debris and other related
items from the rear yard and closing of the windows/doors as
completed by the City or its contractor;
2) the issuance of required permit(s).
Provide the Property Owner with six months from the date this agreement
is approved by the City to complete the requirements for a temporary
certificate of occupancy as identified in Exhibit A.
1) At the time the temporary certificate of occupancy is issued, the
City shall establish a timeline for meeting the requirements for the
permanent certificate of occupancy as identified in Exhibit A. The
timeline for the permanent certificate of occupancy shall be no
1 October 2008
c.
AGREEMENT
Between the City of Lake Elmo
And
Linda Hardy and David Hardy, Property Owners,
9224 310 Street, Lake Elmo, Minnesota
more than three months from the date the temporary certificate
of occupancy is issued.
To issue a temporary certificate of occupancy to the property owner for
the house and property when the house and property meet the required
requirements for a temporary certificate of occupancy identified in Exhibit
A. Furthermore, the City agrees to issue a permanent certificate of
occupancy when all requirements in Exhibit A including all the
requirements for a permanent certificate of occupancy that are listed on
the temporary certificate of occupancy are met within the required
timeline established by the City.
1) The City Administrator upon the recommendation of the building
official shall establish the timeline for meeting the requirements of
the permanent certificate of occupancy at the time the temporary
certificate of occupancy is issued. The requirements for the
permanent certificate of occupancy will be listed on the temporary
certificate of occupancy. The timeline for completing the
requirements for the permanent certificate of occupancy will not
exceed three months from the date that the temporary certificate
of occupancy is issued.
J. Failure to meet the requirements within the timeline established for
the permanent certificate of occupancy as identified on the
temporary certificate of occupancy may result in the rescinding of
the temporary certificate of occupancy by the City.
2. The Property Owner agrees to :
a. Allow the City, or its contractor, on the property to remove the
construction and demolition debris and other related items in the rear
yard prior to releasing the funds:
1) The Property Owner may submit names of preferred contractors if
the city uses a contractor for this work and the city wit contact
these contractors for proposals. However, the Property Owner will
permit the City to proceed with the work if the City does not
receive proposals and/or does not use the contractor provided by
the Property Owner.
2) The Property Owner may be permitted to see the proposals /
estimated cost for the work described under (2) (a) (1). However,
the Property Owner will permit the City to proceed with the work
regardless of the cost of the proposals for the work.
b. Allow the City, or its contractor, to close up the windows and door
openings so they are secure prior to releasing the funds
1 October 2008 2
AGREEMENT
Between the City of Lake Eimo
And
Linda Hardy and David Hardy, Property Owners,
9224 31s1 Street, Lake Elmo, Minnesota
1) The Property Owner may submit names of preferred contractors if
the City uses a contractor for this work and the City will contact
these contractors for proposals. However, the Property Owner will
permit the City to proceed with the work if the City does not
receive proposals and/or does not use the contractor provided by
the Property Owner.
2) The Property Owner will be permitted to see the proposals /
estimated cost for the work described under 2(b) (1). However,
the Property Owner will permit the City to proceed with the work
regardless of the cost of the proposals for the work.
c. Take out the required building and related permits
1) Allow the City to inspect the property according to the permit
inspection schedule of the permits issued.
d. Allow the City to inspect the property six months from the date this
agreement is approved by the City unless a permanent certificate of
occupancy has been issued prior to this date.
3. The City shall provide the Property Owner with contact information at the
Washington County Housing Authority for housing assistance information. This
information or available programs will have no bearing on the
implementation of this agreement or its terms.
4. After six months from the date this agreement is approved by the City, or prior
this date in case of an emergency, the City may exercise its authority
pursuant to Minnesota Statutes § 463.15 - 463.26 in regard to Hazardous
Buildings or Property; and its authority pursuant to Minnesota Statutes §
412.221, 429.021, 429.101 and Lake Elmo City Code Sections 96.01 - 96.12 in
regards to the abatement of Public Nuisances; or any other applicable
regulations.
5. The Property Owner may sell the property at any time during the course of this
agreement.
a. The City must be notified of the sale.
b. A new property owner is required to meet the requirements in Exhibit A
for a temporary certificate of occupancy and is required to meet all
the requirements in Exhibit A before receiving a permanent certificate
of occupancy.
6. The Property Owner may not inhabit the property until a temporary certificate
of occupancy is issued based upon the requirements in Exhibit A being fully
1 October 2008
AGREEMENT
Between the City of Lake Elmo
And
Linda Hardy and David Hardy, Property Owners,
9224 31 Street, Lake Elmo, Minnesota
completed, inspected and approved by the City on or before the date that
this agreement was approved by the City.
a. At the time that a temporary certificate of occupancy is issued, the City
shall identify the remaining requirements for receiving a permanent
certificate of occupancy and these requirements will be noted on the
temporary certificate of occupancy along with a timeline for completing
these requirements. The timeline established for the completion of the
permanent certificate of occupancy will not exceed three months from
the date the temporary certificate of occupancy is issued by the City.
Failure to meet the timeline for completing the requirements for the
permanent certificate of occupancy may result in the rescinding of
the temporary certificate of occupancy by the City.
Binding Agreement. This is a legally binding document and the Property Owner has
reviewed the terms of the Agreement. This Agreement replaces all prior agreements
between the City and the Property Owner on this property at 9224 3151Street,
Mayor Dean Johnston Linda Hardy
City of Lake Elmo Property Owner
Date Date
David Hardy
Property Owner
Or Linda Hardy as Attorney and Fact for David Hardy
Date
1 October 2008 4
Pr-ciry' "4-
EXHIBIT A
COMPLIANCE ITEMS FOR TEMPORARY AND FOR PERMANENT
CERTIFICATE OF OCCUPANCY
Inspection of 9224 31st Street N. on 9/30/08 revealed an uninhabitable structure
in various states of repair and disrepair. Two stages will be established to move
them towards occupancy and property compliance. First, after the minimum life
safety requirements are completed and passed inspection, a temporary
Certificate of Occupancy (C.O.) will be issued that allows people to occupy the
structure. With this temporary C.O. a list will be attached, which will detail the
remaining items to be completed and a date for completion to meet the
conditions for a permanent C. O. . The date for completion of the permanent C.O.
shall be no more than the three months from the date the temporary C.O. is
issued.
Second, failure to complete the items that are required for the permanent C.O.
and are listed on the temporary C.O. by the noted due date for completing the
permanent C.O. can render the temporary C.O. null and void.
Third, these conditions are the general observations to obtain compliance with
the City of Lake Elmo and are intended to give clear guidance on requirements.
However, they may not be totally inclusive of specific items or circumstances that
may appear during the course of obtaining either a temporary or permanent C.O.
For temporary C.O. complete these items:
1. All plumbing, mechanical, electrical and building inspections have passed
the final inspection.
2. Call for framing inspection before any work is covered up and basement
floor is poured.
3. All septic inspections are to be completed and approved by the City of
Lake Elmo
4. Repair and seal all penetrations into the foundation, siding, and roof to
make structure weather tight.
5. Install exterior windows, trim and doors to make structure weather tight.
6. All exterior doors are to have an exterior landing and stairs, handrail /
guardrail as needed. One operational door is required and the others may
be temporally screwed closed or an exterior guardrail is to be installed
across the door opening. Guardrails to have maximum 4" spacing.
7. Install basement floor and basement footings (if needed). Six -mil poly
required under slab.
8. Install basement stairs, handrails and guardrails.
9. Install egress ladder in window wells greater than 44 inches in depth.
10. Install drain tile, basket and sump pump.
11.Install interconnected smoke detectors on every floor and in every
bedroom.
12.1nstall address numbers on the front of the house.
13. Install one approved egress window in each of the bedrooms.
14. Install handrail from main floor to upstairs.
9-30-08
EXHIBIT A
COMPLIANCE ITEMS FOR TEMPORARY AND FOR PERMANENT
CERTIFICATE OF OCCUPANCY
15. Complete one bathroom with the minimum installation of a water closet
and sink. Submit bathroom plan to the inspection department to verify
correct placement of water closet. All completed bathrooms are to have
either a window or bath fan.
16.Kitchen sink to be installed and operational.
17.1nstall one automatic cloths washer connection for washing machine.
18. Install insulation, vapor barrier and either gyp board or plaster on all open
exterior wall cavities.
19. Insulate basement rim joist with 2" of rigid insulation.
20. Insulate and seal the attic access, seal penetrations into the attic and
insulate the attic floor to a minimum of R - 38.
21. Repair all holes in the ceiling and exterior walls.
22.AII floors within the house are to be structurally sound and free of holes.
23. Remove all trash, debris, and unlicensed / inoperable vehicles from the
yard.
24.Complete the final grade with a positive slope of 2% away from the
structure.
25. If adding or deleting any walls, then a floor plan would need to be
submitted and reviewed.
For permanent C.O. complete these items:
1. Establish turf on the lot by either seed or sod.
2. Complete driveway to Lake Elmo standards.
3. Remove and replace all rotten exterior siding, trim, facia and soffit on
house and garage.
4. Remove and replace rotten roof and add proper venting.
5. Repair or replace overhead garage door.
6. Repair and replace all window screens.
7. Complete new basement wall insulation to R- 5.
8. Finish painting the exterior.
9-30-08