HomeMy WebLinkAboutOctober 3, 2006 CCPr
An
/eLapp
fnhnson
ane Smith
Please read:
Pledge of Allegiance-
1. Agenda
Lake Elmo City C oun cif 3500 Laverne Avenue No.
Lake Elmo, MN 55042
Tuesdays 777-5510 777-961> (fax)
October 312006
resented, it may appear that
point p
provides background information to the Can
Since the City Council does not have time to discuss every
decisions are preconceived. HO advance; a staff p revious count l meet ngs.
and decisions are based on this information an
Council on each agenda item irl have been discussed at p „Request to
some items may lease fill out a ized.
experience. In addition, raise your hand to be reco
of information that hasol ofbeen came late, P re meeting if
If you are aware Council form;
Appear BefjTeethe City dent are appreciated. ltbe made. rnav be cunt Hued to a
Comments arepaddit onal tis needed before a decision can
Agenda
Council Meeting,
Convenes 7.00 PM
City
2, Minutes: U�ES��OR_BONAL:
3, PUBLIC 1N TIONAL:
A PUBLIC INFORMA
i B. Public Inquiries
4 CT AGENDA
A. ResolutON
ion No.2006-101:Approve Claim
B. partialPayn'entPark
I construction:Resolution No. 2006-102
C. Partial payment C.BI:Resolution No.
Septem er 19, 2006 I
ortunity for citizens to reSsi the
ng
items not currently on the agenda In addressing the
public inquiriesRnformatioosl is an oPP and a brief summary
e and address for .1 recor ro allow adequate time for
CounciPs attention anyour Hain the Caen
Council, pleasesthtey_ addressed to we ask that in dividualslimrtthen
of the specific item being ud� menu may be distributed to the
each person wishing t°mdnOres. Written dress 'he CuttdO . to allow a more timely
Comments ents to three (3) or bench copies,
Council Prior to the meeting
pieSentation. considered to be rotwine by
Those one'Orion under a C less a council
items listed under the be enacted
the City Council and ante discussion of these items tin the general
sopthe item will be removed'Tom
ce on the
9 format_ There will ben whi h event, acatelY in its normal sequ
member so requests,
orde,of business and considered sep
agenda
2006-103 Contracting for
D. Final Payment GM II; Resolution
IWater Systen Interconnect Phase
No.2006-]04
5. F
6. NEB BUSINESS: BUILDING:
I MjNTENANCE/
i.PAS�E
ent:
A, Building Depart' onto Hardy
(1) Movement of Building
Property Activity
Report
(2) September Building
Lake Elmo City Council Agenda
October3,2006
page 2
8. CTTY ENGINEER'S REPORT:
Tom Prew
A. Public Hearing: Proposed Assessments
for Phase IV Water Interconnect Project;
Resolution No. 2006-105 Adopting Assessments
B. Extend "No Parking" 15ei Street to Ivy;
Ordinance No. 97-182
C. Approve Plans for SCADA (Supervisory
Controls and Data Acquisition); Resolution No.
2006-
D. Award Contract for Northern Water
Main Extension; Resolution No. 2006-106
E. Update on Riley Construction - verbal
9. PLANNIN
G LAND USE & ZONING: C. Dillerud
A. Ordinance No. 97-180; Zoning
Ordinance Amendment - Accessory Buildings
B. Septic Pumping/OR Inspection —
Ordinance No. 97-181
C. Update on Meeting — Xcel Fly Ash
Landfill Siting
D. Re-Establish/Modify OP Development —
Amend AG, RR & OP
E. Development Moratorium - Village
Area; Ordinance No. 97-186
F. Village Area Planning - verbal
10. CITY ATTO�EY'S REPORT: M. Rafferty
11. CITY ADMINISTRATOR'S REPORT:
A. St. Croix Family Community CenterV 1
12. C1I I S-Vul `----_ _
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
CLOSED MEETING: Park
Construction/EBI
i�I3T�
2.
3.
4.
CITY OF LAKE ELMO
CITY COUNCIL MEETING
SEPTEMBER 19, 2006
AGENDA
MINUTES:
PUBLIC INQUIRIES/PUBLIC INFORMATIONAL:
A. PUBLIC INQUIRIES:
CONSENT AGENDA: 6, A roving Claims
0
(1) Resolution No.2006-09 • I'll
provin Claim
(2) zzPsnlutionNo. 2006-097: App g
Mc
Wr
5. FINA1
6. NEW
7. MAD
A. Fi
(1
(L
g. CITE
A. I
B. 1
C.
D.
E.
9. PLI
A.
B.
C.
D.
10. Cl
t (not adopted)
chicle & Trailers
g Work - Tablyn
verbal
,ement (addition)
e Church Site —
an Annexation
100 (verbal)
A. North Water Main'r�xieubiw•- d
-
B. Legal Intricacies of BergmanVariance (ad ition)
11. CITY ADMINISTRATOR'S REPORT:
12. CITY COUNCIL BUSINESS AND REPORTS:
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith on Zoning
REMINDER. S ecial Planning Commission Meeting
September 20, 2006, at 6:30 p.m.,
SP' Planning C°mmission Meeting on Zoning
October 2, 2006, at 6:30 p.m.,Special
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson and Smith.
STAFF PRESENT: City Administrator Rafferty, City Planner Dillerud, Finance Director
Bouthilet, Fire Chief Malmquist, City Engineer Prew, City Attorney Filla and Recording
Secretary Freeman.
Pledge of Allegiance:
1. AGENDA:
Additions: 8E: CBI status and Update on water tower guarantee document agreement;
9C: Access to Sunfish Lake Park from Jamaca Blvd; 1013: Legal Intricacies of Bergman
Variance; 11A: Explanation of METC Park & Ride attending the Council Workshop
about Park and Ride.
Changes: Move 7A (1) and (2) to 3A (1) and (2): Fire Dept.
Deletions: 9C: Park & Ride
M/S/P Johnson/Smith—to approve the September 191,2,066' City (Nouncil Agenda as
amended. (Motion passed 5-0)
FY
2. MINUTES:
M/S/P Johnson/Conlin —to approve the September 5, 201M, City Council Minutes.
(Motion passed 5-0)
M/S/P Conlin/Johnston — to amend the Sep"tember.5 2006, City Council Minutes
Item 9A: Resolution No. 2006-092„mooning Vaaiance — Richard and Eileen Bergman.
(Motion passed 4-1: Johnston abstained — absent). Council Member Smith is concerned
uildman a�6
gs.33 acre site and also has concerns with the
with the number and size afb
question of hardship.
M/S/P Conlin/Johnston toamend the September 5, 2006, City Council Minutes,
Item 9D: Metropolitan Airpor Comm ssion-Lake Elmo Airport 2025 Plan
(Motion passed 4 U: Johnsonabstained-absent)
M/S/P Conlin/Johnston to amend the September 5, 2006, City Council Minutes,
Item 4G: Pay Estimate for Water Tower: CB & I Constructors. (Motion passed 5-0)
M/S/P Conlin/Johnston — to amend the September 5, 2006, City Council Minutes
Item 9A: Resolution No. 2006-092: Zoning Variance — Richard and Eileen Bergman.
(Motion passed 5-0)
M/S/P Conlin/Johnston — to amend the September 5, 2006, City Council Minutes
Item 7A (1): Parks Dept.: Carriage Station Basketball Court (Motion passed 5-0)
M/S/P Conlin/Johnston — to amend the September 5, 2006, City Council Minutes
Item 9E: Xcel Fly Ash Landfill Siting. (Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006
DRAFT
M/S/P Conlin/Johnston — to amend the September 5, 2006, City Council Minutes
Item 3A (1): CIC Presentation on Senior Housing. (Motion passed 5-0)
3. PUBLIC INOUIRIES/PUBLIC INFORMATIONAL:
A. Public Inquiries: None
B. Public Informational:
Mayor Johnston informed the residents about the upcoming Ice Cream Social to be held
on Sunday, September 24, 2006, from 2 — 4 pm., at the restored District 12 school house.
Donations are welcome.
4. CONSENT AGENDA:
A. (1) Resolution NO,2006-096• Approving Claims
M/S/P Johnson/DeLapp — to approve Resolution No. 2006-(
Numbers 348, 349, DD885 through DD909, 29655 through
Payroll dated September 14, 2006; 29654, 29678 through 2.'
$889,574.74 are hereby approved. (Motion passed 5 0) `
Council Member Smith requested clarification
Filla explained that per court order, the City w
building permit plus interest. The remaining $
was down and the materials removed will s
(2) Resolut_ ion No_-"
M/S/P DeLapp/Conlin — to
29732, in the total amount
(Motion passed 4-0-1: Cou
B. Mol
M/S/P Job
presented.
C. WrittenJulv'Lt
M/S/P JOhnson/DeLe
the Building Official.
5. FINANCE: None
6. NEW BUSINESS: None
proving Claim
, were used for Staff
n the total amount of
to the Sessmgs. Attorney
.00 immediately and the
be paid after the building
, approving Claim Number
herself)
August 2006 Monthly Operating Report as
W11V11
cept the July Construction Activity Report as provided y
passed 5-0)
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Fire Dept • ChiefMalmamst
(1) Place Mark Yost as a Probationary Member
Fire Chief Malmquist requests Council approval to place Mark
Member of the Lake Elmo Volunteer Fire Dept.
Yost as a Probationary
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006
M/S/P DeLapp/Johnston — to place Mark Yost as a Probationary Member of the Lake
Elmo Volunteer Fire Dept. (Motion passed 5-0)
(2) Fire Dept #2: Day Room Improvement Clarification
Fire Chief Malmquist reported that the received a bid for $2,600.00 for construction
materials. This bid does not include wiring, carpet or incidentals. The Fire Dept. will be
accepting donations of mud, tape, doors, etc.
M/S/P Johnson/Conlin — to authorize the construction of the dayroom at Fire Station 42,
with costs to not exceed an $8,000.00 bid. (Motion passed 5-0)
8. CITY ENGINEER'S REPORT:
A. Resolution No 2006 098 • Accept Feasibility Report on 29, Street
The City Engineer handed out the Feasibility Report for the 28" Street Project. It would
be a 22' wide road with no turn around. A bid for $65,000 was Teceived for the 22', and
$40,000 for the 18' wide road. The road would stop short oRaleigh Creek because of
previous flooding. No permits would be required.
11
Financing would come partially from 3M ($7,000) the resints affected and the City.
The two ways to receive funding are: 1) appraisalwrth makimum benefit at $2,500, or
2) residents pay the full cost of $8,300. The City would pay approximately $40,000. He
recommended waiting to pave until spring007 when netiv bids could be taken.
Reconstruction of the base and preparing it for pawing would require the City investing
$32,000 now.
Resident Jim Palacek, 2798 Jam ley Avenue North, stated that there were no easements on
his property and he did notmant his property assessed. The City only started snow
plowing his road three years�ago, and mairittauning it for the last two years.
Resident Jim Petersen, 275:124=1 Avenue North, stated there were no residents to the
east of Jamley Avvenue. The`Czty coin' d also save cost on paving by eliminating 200 feet
west of 28`�' Street and Jamley`Ayenue. Currently, the construction equipment left up to
the road; and it would be cost-effective to pave the road since work
eight inch imprints oxi
is currently being donesRp 21 Street.
The City Engineer informed Mr. Palacek and Mr. Petersen that the Feasibility Report did
not have an assessment for their properties.
Council discussed the fact that since the project is not on the CIP, would it be removing
or delaying another project, and would the owner's property value increase because of the
paved road. Council questioned the cost savings of doing it now since the road is being
tom up currently, and asked when the Kirkwood project was scheduled.
The Finance Director stated the City does have a reserve on backup projects, but it would
involve dipping into the City's cash flow.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006
,7713�i
Council Member Johnson supports the project, but not to take money from the reserves to
finance it as the budget is based on building permits.
M/S/P Conlin/Smith — to place the 28`h Street Construction Project on the CIP and
prioritized by Staff.
(Motion passed 4-1: DeLapp-we have not addressed the petition to pave 28� Street)
Mayor Johnston supports the motion, stating there is money in the water project and the
road would be in a better condition, but the City does not have money in the CIP.
Council Member Conlin supports the motion, stating it would be unfair to other projects
waiting.
B. Verbal Update on Krueger Property
City Engineer Prew updated the Council on the progress to
Lake Elmo Avenue. The southwest corner of the property,,
of gravel had been delivered. The property had been seede
to be redone on either side of the driveway where the °cli%ch
dormant seed down in the fall of 2006, and not extended tc
again this week. ;
Ms. Krueger thanked the City for the gral
requested that the City delay any work or
she believes it is too late in the year. She
completing the work as there have *n I
Council discussion determued that
projects have been successful rrtiliz
Council directed the Citf`Eri
4�,;
will be completing this year.
the
Krueger's homestead at 4452
as"been staked and two loads
3 this s"W"nmer, but will need
flows. This preferred to have
07. He will be checking it
ng of the property. She also
eding until spring 2007, as
n with the contractor
n in the past.
completed by the contractor, and that
grass mats.
with the Krueger's to clarify what the City
C. Ordinance No. V / i iy: ICelauti w lv'=" — - -
The City Engineer and rtyAttorney recommend adoption of Sections 100.06, Subd. 1
and Subd. 2 and Section'100.01, and Section 100.06, Subd. 5, Section 1005.01, Subd. 3
and 1005.045 and its subdivision relating to the Towing of Illegally Parked Vehicles and
Trailers. City Council also repeals Section 1005.03, Subd. 1. City Attorney Filla stated it
updates the definitions, and references the State Highway Code regarding the parking of
trailers and vehicles.
Council requested clarification of where the trailers and cars would be parked, and the
fine amount. Suggestions were a $150.00 fine the first occurrence, then towing four
hours later and a fine the second occurrence, safety issues, or tow all of the vehicles.
City Engineer Prew informed them the trailers would be kept one-half mile out, and
towing would occur four hours later.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006
M/S/P Johnson/Johnston — to adopt Ordinance No. 97-179, amending Sections 100.06,
Subd. 1 and Subd. 2 and Section 1000.01, and Section 100.06, Subd. 5, Section 1005.01,
Subd. 3 and 1005.045 and its subdivision relating to Towing of Illegally Parked Vehicles
& Trailers, and to include the attached maps. (Motion passed 5-0)
D. Resolution No 2006 098• Approve Plans and Specs for Plumbing Work — Tablvn
Park (Contract A)• Resolution No 2006-99 (Contract B)
City Engineer Prew presented plans and specifications to the Council for the two hundred
homes. Two contracts are being requested as the work can be completed faster, and the
bids competitive. The contracts include removal of the tank, installation of the water
meter, disconnecting the well pipe, and adding the plumbing. All work will meet the
City's code and inspected by the Building Inspectors.
M/S/P DeLapp/Johnson —to adopt Resolution No. 2006-098 (C%itract A) and
Resolution No. 2006-99 (Contract B), approving Plans and Sci pefications and Ordering
Advertisement for Bids Tablyn Park (Contract A). (Motion pWassed 5-0)
status&
NIL -
addition ;-,>
City Engineer Prew informed Council that CB & Isis requesting authorization to paint the
water tower on weekends. This would involve sandhlast ng and painting, which is
temperature -oriented and weather controll� „
Change order being reviewed by City Engineer and ity Attorney and will be brought
back to the October 3, 2006, Cow c;I, eeting
M/S/P Conlin/Johnson —
reflecting City Code, to (
The Permit will allow��aj
to 5:00 p.m., weather pei
Ga
kdrj&istrator to issue a Special Permit,
'a work for painting of the new water tower.
.sting on Saturday and Sunday, from 8:00 a.m.
passed 5-0)
A. Resolution No��UUO-VY- JTLIH Wluc'Nu. 7 i-_ �• ��--- - - - - ---
Amendment and Rezomng 'apostolic Church Site (10a' Street)
T'he City Planner reported, that this City Council -initiated the proposal to reclassify the
approximately 14 acre site from PF to RAD and rezone the site from PF to RR has been
recommended for approval by the Planning Commission. The matter was on the
council's agenda September 5 and tabled to September 19 to be considered by a full five
member Council.
MIS Conlin/DeLapp — to table further review three months from now with definite plans
for a church on the site at the second meeting of December, 2006.
Council Member Conlin requested that the Findings be part of the approved motion.
M/S/P Johnson/Smith — to amend to 12 months. (Motion 3-2: DeLapp and Conlin)
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006
M/S/P Johnson/Smith — to table further discussion and have the Apostolic Church return
within twelve months, updating the Council as to where they are with their plans for use
of the site for a church. (Motion passed 3-2: Conlin and DeLapp)
Pastor Friend asked the City Council if it will be necessary for the church to have
complete construction plans within twelve months.
City Attorney Filla advised Pastor Friend that his interpretation of the motion is that the
church should have at least a schedule for the use of the site for new church purposes, but
that construction plans were not necessarily required.
B. Meeting with Oak Park Heights City Council — Buberl/NassBidon Annexation
The City Planner informed Council that a letter from the Oak Park Heights City
Administrator had been received regarding an annexation requesttrom three residents
owning land in Lake Elmo. The Oak Park Heights City Coun6r4,bas requested a joint
work session with the Lake Elmo City Council to discuss # property owner's request.
The City Planner reported that at this time, Lake Elmo has not received any letters from
the owner's requesting the detachment/annexation. He noted that, dg%f August 1, 2006,
both cities must now approve a concurrent detachrnbent/annexation, rather than just the
annexing city as had been the law previously. Lake ,Elmoneeds to be directly involved.
City Administrator Rafferty said that he hastallced wtth ih\ Oak Park Heights City
Administrator Johnson, informing him that he v ould br - e request for a joint meeting
to the Lake Elmo Council's attention for any action. ,.; ..
w is ; •
The Council discussed the letter received from the property owners by Oak Park Heights
and the Oak Park Heights iriA" ion for aJoint meeting regarding the
detachment/annexation
M/S/P Smith/DeLagp to direct Staff to write a letter to the Oak Park Heights Council
stating that the Lake Elmo City,Couneil is not interested in a meeting with the Oak Park
Heights City Council on the detachment/annexation matter and that the Lake Elmo
Council desires to 1'� p Lake Elmo intact with no land detachments to adjoining
communities..
(Motion passed 4-1: Conlin — agreed with City Administrator's comments that it would
be a neighborly gesture for the Lake Elmo City Council to agree to a meeting with Oak
Park Heights City Council)
Mayor Johnston commented that someone could meet with Oak Park Heights on this
detachment/annexation matter, just not a full City Council.
Council Member DeLapp commented he would not consider such a meeting.
Council Member Johnson commented that the City's response to Oak Park Heights
should be courteous and respectful.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006
rI7Ti
C. Metro Transit Park & Ride Proposal (deleted)
The City Planner reported that had been notified by Metro Transit that they were not
ready to present the Park & Ride Proposal to the City Council, but will at a later date.
C. Access to Sunfish Lake Park from Jamaca Blvd.
Council Member DeLapp informed Council that a road in back of the Maintenance
Building has a fence that was built to allow access from Jamaca without access to the
Lake Jane Landfill polluted area, but there is also a sign stating that there is no access
from Jamaca Blvd. to the park. He is requesting Staff to replace the sign with a new sign
inviting access to the park from Jamaca.
The City Planner informed Council that Staff will take care of changing the sign, without
any formal Council direction to do so.
10. CITY ATTORNEY'S REPORT:
A. Bergmann Easement
City Attorney Fiila informed Council that no co
from the Bergmann's regarding the City's offer.
and he is recommending the City start condemna
critical the City acquire this property to complete
Interconnect Project, which benefits the residents
MIS(P Conlin/Johnson — to approve xeso,
Condemnation of the Bergmann property.
mmunication has Been received back
It sheen 11 days since the last response,
tion proceedings on the'easement. It is
the City'se2006 Water System
a Resolution Authorizing
11. CITY ADMEN IN fl xa i �yc a •rc�r v,.� <
A. Explanation of METC Fark'& Ride attending the Council Workshop about Park
and Ride
Council Member DeLapp req-pested ah explanation as to why the MET Park and Ride
gave a presentation at the Council Workshop on September 13, 2006. He questioned why
he was not informed4 ey would be there.
City Administrator Rafferty informed Council that he had been given parameters to
discuss further exploration with the MET on the Park and Ride issue. Ms. Arlene
McCarthy and her staff met with him, the City Planner and Finance Director, and it was
determined they should make a presentation at the Council Workshop.
Council Member Smith requested that if a guest from the METC is attending to please
add their names to the Agenda.
12, CITY COUNCIL BUSINESS AND REPORTS:
Mayor Johnston: None
Council Member Conlin: None
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006
Council Member DeLapp: None
Council Member Johnson expressed thanks to the Staff in Public Works, and said it was a
marvelous Open House on Saturday.
Council Member Smith agreed with Council Member Johnson.
REMINDER:
September 20, 2006, at 630 p.m., Special Planning Commission Meeting on Zoning
October 2, 2006, at 6:30 p.m., Special Planning Commission Meeting on Zoning
Meeting MiourpPrl nt 1020 n.m.
Resolution No.
Resolution No.
Resolution No.
(Contract A)
Resolution No.
(Contract B)
Resolution No.
Ordinance No.
— Tablyn Park
— Tablyn Park
y
nd Trailers
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 19, 2006
APPROVED AS AMENDED SEPTEMBER 19, 2006
CITY OF LAKE ELMO
CITY COUNCIL MEETING
SEPTEMBER 5, 2006
L AGENDA
2. XDNUTES: August 15, 2006
3. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL:
A. PUBLIC INQUIRIES:
B. PUBLIC INFORMATIONAL:
(1) CIC Presentation on Senior Housing
(2) Resolution No. 2006-094: Lake Elmo Bank 95'h Anniversary
4. CONSENT AGENDA:
A. Resolution No. 2006-087: Approve Claims
B. Escrow Reduction #3: Discover Crossing
C. Escrow Reduction: Farms of Lake Elmo
D. Escrow Reduction 2: Sanctuary
E. Pay Estimate for 2006 Crack Seal: L & M Services
F. Pay Estimate for 2006 Seal Coat: Allied Blacktop Company
G. Pay Estimate for Water Tower: CB & I Constructors
H. Pay Estimate for Park: Tablyn Park/Lake Elmo Heights
I. Resolution No. 2006-090: Ordering Assessment Hearing for Water System
Interconnect Phase IV
J. Resolution No. 2006-091: Award Bid for 2006 MSA Resurfacing
5, FINANCE:
A. Resolution No. 2006-088: Budget Presentation: Adoption of Proposed Tax Levy
and Proposed 2007 Budget
B. Resolution No. 2006-089: Set Truth in Taxation Hearing Dates
6. NEW BUSINESS: None
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Parks Dept.: (verbal)
(1) Carriage Station Basketball Court
(2) Announce Public Works Open House
(3)
B. Fire Dept.: Update on Dept. Activities (verbal)
(1) Recognize Explorers
(2) Recognize Two Engineer Certified Firefighters
(3) Fire Station No. 2 Upgrades
8, CITY ENGINEER'S REPORT:
A. Water Tower Paint Color (verbal)
B. 28th Street Petition for Street Improvement (verbal)
C. Northern Water Main Extension Easement Update- moved to Closed Session
D. Tablyn Park/Lake Elmo Heights Water System Update (verbal)
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2006-092: Zoning Variance -Richard and Eileen Bergman
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
APPROVED AS AMENDED SEPTEMBER 19, 2006
B. Apostolic Church Site: (Tabled) Resolution No. 2006-093: Comp Plan
Amendment; Ordinance No. 97-178: Rezoning
C. Status of Village Plan (verbal)
D. Metropolitan Airport Commission — Lake Elmo Airport 2025 Plan
E. Xcel Fly Ash Landfill Siting: Update
F. METC Update
10. CITY ATTORNEY'S REPORT:
A. Ziertman/Sensing Update — Moved to Closed Session
11. CITY ADMINISTRATOR'S REPORT:
12: CITY COUNCIL REPORTS:
September 12, 2006: Primary Election — Polls Open 7 AM — 8 PM
September 13, 2006: City Council Workshop — 6 PM -8:30 PM
September 14, 2006: Community Open House on Groundwater Contamination —
OakLand Junior High School
September 16, 2006: Open House at New Public Works — 9 AM — Noon
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
APPROVED AS AMENDED SEPTEMBER 19, 2006
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, and Smith.
ABSENT: Johnson. STAFF PRESENT: City Administrator Rafferty, City Planner
Dillerud, Finance Director Bouthilet, Building Official McNamara, Fire Chief
Malmquist, Parks Supt. Bouthilet, City Engineer Prew, City Attorney Filla, and
Recording Secretary Freeman.
Pledge of Allegiance
L AGENDA:
Additions: 7A (3) Park Use Preliminary Information; 9F METC meeting update,
Changes: Moved 8C to Closed Session, moved 10A to Closed Session; Moved 7B (1)
and 7B (2) to 3A (3).
M/S/P Conlin/DeLapp — to approve the September 5, 2006, City Council Agenda as
amended. (Motion passed 4-0)
2. MINUTES:
MIS/P Smith/Conlin — to approve the August 15, 2006, City Council minutes as
amended. (Motion passed 4-0)
3. PUBLIC INFORMATIONALIPUBLIC INOUIRRIFS:
A. Public Informational:
(1) CIC Presentation on Senior Housing: resented the
Brenda Anderson, from the CommunityImprovement Commission (CIC), p
results from their Summer 2005 Senior Housing Survey. Approximately one hundred
questionnaires were received, with 86% believing that a need exists for senior housing.
The CIC recommends that further study, feedback and direction from the City Council
are necessary to identify appropriate senior housing suitable for the City of Lake Elmo.
Council Members questioned the "definition of affordable housing," and the probable
cost of any senior oriented units/houses in the Old Village Area. It was determined that it
would be best to have the Old Village Plan completed, and have any senior housing
builders expressing interest work with the Engstrom group.
(2) Lake Elmo Bank 95 b Anniversary: Resolution 2006-094:
The Mayor and City Council congratulated the owners and employees of the Lake Elmo
Bank on their 95'h Anniversary in the East Metro Area. They have been, and continue to
be, an outstanding corporate citizen of Lake Elmo. There will be a Community
Celebration on Friday, with Acting Mayor Smith presenting the City's congratulations.
M/S/P Smith/Conlin — to approve Resolution No. 2006-094, congratulating Lake Elmo
Bank on its 95"' Anniversary. (Motion passed 4-0)
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
APPROVED AS AMENDED SEPTEMBER 19, 2006
B. Public Inquiries:
Julie Bunn, 2986 Lake Elmo Avenue, introduced herself and announced her candidacy
for State Representative 56A.
Deb Krueger, 4452 Lake Elmo Avenue, requested that action be taken regarding the 43 d
Street water main construction, stating that the City needs to adopt a code or policy for
completion of any City project in a timely manner. She stated that this was her third
request for the repair of the ditch on their property. She requested that this repair be
delayed until Spring 2007 since the plant growth in the ditch now precludes an accurate
assessment of the repairs required. She also reported that a load of gravel was required
for their driveway and a survey marker needed replacement. She demanded that those
actions be completed by the end of September.
City Engineer Prew stated that the contractor needs to inspect the property and have the
survey stakes correctly placed.
M/S/P DeLapp/Smith — to direct Staff to make every reasonable effort to comply with
Ms. Krueger's request for gravel and survey stake by the end of September 2006.
(Motion passed 4-0)
M/S/P DeLapp/Conlin — to direct Staff to complete the ditch work on 43 d Street parallel
to the Krueger property by the Fall of 2006 or Spring 2007, being careful to avoid the
months of November and December 2006 to avoid conflict with the Krueger's holiday
tree sales. (Motion passed 4-0)
4. CONSENT AGENDA:
A. Resolution No. 2006-087• Approving Claims
M/S/P Smith/Johnston — to approve Resolution No. 2006-087, approving Claim Numbers
343, 344, DD848 through DD870, 29560 through 28587, were used for Staff Payroll
dated August 17, 2006; Claim Numbers 345, 346, DD871 through DD874, 29588
through 29598, were used for Staff Payroll dated August 31, 2006, Claims 347, 29599
through 29563, in the total amount of $991,968.60 are hereby approved.
(Motion passed 4-0)
B. Escrow Reduction #3: Discover Crossin
M/S/P Smith/Johnston— to authorize an Escrow Reduction #3 for Discover Crossing,
reducing the escrow amount required to $153,750.00. (Motion passed 4-0)
C. Escrow Reduction: Fames of Lake Elmo
M/S/P Smith/Johnston — to authorize an Escrow Reduction for Farms of Lake Elmo,
reducing the escrow amount required to $133,750.00. (Motion passed 4-0)
D. Escrow Reduction #2: Sanctuary
M/S/P Smith/Johnston — to authorize an Escrow Reduction for Sanctuary, reducing the
escrow amount required to $1,038,750.00. (Motion passed 4-0)
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
APPROVED AS AMENDED SEPTEMBER 19, 2006
E. Pav Estimate for 2006 Crack Seal: L & M Services
M/S/P Smith/Johnston — to authorize Final Payment to L & M Services, in the amount of
$27,300.00, for the 2006 Crack Seal Project. (Motion passed 4-0)
F. Pgy Estimate for 2006 Seal Coat: Allied Blacktop Company
M/S/P Smith/Johnston — to authorize Final Payment to Allied Blacktop Company, in the
amount of S110,057.49, for the 2006 Sealcoat Project. (Motion passed 4-0)
G. Pav Estimate for Water Tower: CB & I Constructors
Council discussed if it was wise to pay CB & I Constructors due to the outstanding issues
about documentation on the water tower construction issues. The payment is for services
completed.
The City Attorney and Staff stated they are still clarifying the wording of the water tower
guarantee document that the City has negotiated including the concerns addressed by the
City Council. City Engineer Prew would report back to Council at a subsequent Council
meeting.
M/S/P Smith/Johnston — to authorize payment of Certificate No. 6, to CB & I
Constructors, in the amount of $366,537.07, for the Elevated Water Storage Tank No. 2.
(Motion passed 4-0)
H. Pav Estimate for Tablyn Park/Lake Elmo Heights
Council members discussed what a reasonable timeline was for the residents to expect the
work to be completed, and whether payment should be made as the work was behind
schedule. City Engineer Prew explained that he expected the middle of October for the
work to be completed. A timeline schedule would be mailed to all residents this week.
M/S/P Johnston/DeLapp — to authorize the Partial Payment of Certificate No.2, to Park
Construction Company, in the amount of $537,058.69. (Motion passed 4-0)
I. Resolution No 2006 0907 Ordering Assessment Hearing for Water System
Interconnect Phase IV
M/S/P Smith/Johnston — to authorize the City to accept the proposed assessment of the
cost of the Water System Interconnect Phase IV Project. (Motion passed 4-0)
J. Resolution No 2006-091: Awarding Bid for 2006 MSA Resurfacing
M/S/P Smith/Johnston — to award bid to Tower Asphalt, Inc., in the amount of
$236,501.45, for the 2006 MSA Resurfacing. (Motion passed 4-0)
5. FINANCE:
A. Resolution No 2006 088: Budget Presentation: Adoption of Proposed Tax l,e—
and Proposed 2007 Budget
The Finance Director presented the 2007 Proposed Budget to the Council, stating that it
has been reviewed with the Dept. Heads and City Administrator. The proposed levy
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006 5
APPROVED AS AMENDED SEPTEMBER 19, 2006
Certification must be approved by September 15, 2006. The Levy can always be
lowered. The final budget must be certified to the County by December 29, 2006.
M/S/P Johnston/Conlin — to adopt Resolution No. 2006-088, for the Proposed 2006 Tax
Levy, collectible in 2007 and the 2007 Proposed Budget. (Motion passed 3-1: DeLapp
does not believe we can justify a 25% City tax revenue increase over 2 years)
B. Resolution No. 2006-089: Set Truth in Taxation Hearing Dates
M/S/P DeLapp/Smith — to adopt Resolution No. 2006-089, setting the Truth in Taxation
Public Hearing Dates for the 2006 Tax Levy and the 2007 Budget. (Motion passed 4-0)
6. NEW BUSINESS: None
7. MAINTENANCE/PARK/F'rREBUILDING•
A. Parks Dent.:
(1) Carriage Station Basketball Court:
Public Works Superintendent reported that three quotes were received for the
building/resurfacing of the new basketball court at Carriage Station. He reported that
there are CIP funds set aside for this project and recommends awarding the bid to T.A.
Schifsky, Inc.
The Council expressed a concern that the low bidder was adequately qualified to perform
the work and formed a consensus that the proposed partial court be enlarged to 2 feet
beyond the out of bounds strupes.
M/S/P Smith/DeLapp — to award the bid to T.A. Schifsky, Inc., in the amount of
S 12,500.00 per quote dated August 23, 2006, for a new Carriage Station basketball court
at the enlarged size, per the recommendation of the Public Works Supervisor.
(Motion passed 4-0)
(2) Announce Public Works Open House:
City Administrator Rafferty announced that an Open House will be held for the new
Public Works Building on Saturday, September 16, 2006, from 9:00 am to Noon. Ribbon
cutting will be at 9:30 a.m. The Public is welcome and invited to attend-
B. Fire Dept. Update:
(1) Recognize Explorers:
Chief Malmquist recognized Lake Elmo Volunteer Explorers Fire Post 9351 for their
successes at the Eighth Annual Governors Fire Safety Day. Explorers Sarah Gilder,
Noah Malmquist, Jack Winkels, Tom Gagnon, Jessica Elliott, Ben Salus and Adam
Heinle participated in the event.
(2) Recognize Two En ' eer Certified Firefighters:
Training Officers - District Chief Brad Winkels and Captain Mike Tremain introduced
Brian Johnson and Richie Springborn. They are the fast Lake Elmo Firefighters to have
successfully completed the Fire Engineer training in Lake Elmo,
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
APPROVED AS AMENDED SEPTEMBER 19, 2006
(3) Fire Station No. 2 Upgrades:
The Fire Chief informed Council that bids were received for upgrades to Fire Station #2,
approaching it as a two-part project. The first stage will be the degreasing and painting of
the walls. Also, the floors would be cleaned, striped and sealed.
The second stage will be the construction of a "day room" in the center stall,
improvement of storage space and upgrading the existing office space. The Firefighters
have agreed to provide the labor for this project to minimise the costs. There will be
expenses for materials, HVAC and some electrical work.
Mayor Johnston questioned the need for the second stage improvements. City
Administrator Rafferty advised that this building will be usable for another 8-10 years,
which warrants at least these minimal improvements to function as a fire station over that
time period. Council Member DeLapp said he supported the upgrades, and he
appreciated the time and effort the Firefighters were going to provide to completing the
improvements.
M/S/P DeLapp/Johnston — to award the bid to Volk Contracting in the amount of
$8,250.00 for the painting and floor upgrade at Fire Station No. 2. (Motion passed 4-0)
Following the motion and vote, the Fire Chief asked for clarification if that included
authority for the Fire Department to buy the materials necessary to build the dayroom. It
was suggested that it was included in the motion.
8. CITY ENGINEER'S REPORT:
A. Water Tower Paint Color (verbal):
City Engineer Prew requested confirmation from Council regarding the color of the new
water tower, bowl, and the lettering. He recommended the bowl color be off-white, to
match the pedestal, with maroon lettering to match the Public Works building.
Council discussed the various color options. Suggestions included trying to blend the
tank into the landscape, the possibility of no lettering on the tower, and asking the
community to propose what words/logos (if any) should be on the tank.
M/S/P Smith/Johnston — to paint the water tower base and bowl off-white, with burgundy
lettering, per the City Engineer's recommendation.
(Motion passed 3-1: DeLapp, too plait)
B. 28th Street Petition for Street Improvement (verbal):
The City received a petition, dated August 24, 2006, signed by the residents on 281b
Street, requesting the street be upgraded from gravel to blacktop.
Resident Robert Schumacher, 9155 28a' Street, spoke in favor of the upgrade as the
streets are being dug up for the water main project.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
APPROVED AS AMENDED SEPTEMBER 19, 2006
Resident Jim Petersen, 2751 Jamley Avenue North, agreed that the upgrade should be
done now. Delaying the road upgrade would not be cost effective.
Resident Jim Palecek, 2798 Jamley Avenue North, spoke against the road upgrade. He
does not want to be assessed for it just because part of his property abuts 28t" Street.
City Engineer Prew requested direction from Council regarding the upgrading of 28"'
Street, south of the end of Jamley Avenue.
M/S/P Conlin/Smith — to direct the City Engineer to prepare a Feasibility Report, and to
include the cost of a City standard street and with an alternative of an 18' wide road with
a 6" gravel base, and bring back to the September 19, 2006, Council meeting.
(Motion passed 4-0)
C. Northern Water Main Extension Easement Update (Handout at Meeting):
Moved to Closed Session
D. Tablyn Park/Lake Elmo Heights Water System Update (verbal):
City Engineer Prew stated that two-thirds of the water main was in place. He reported
that approximately 25 property owners have not as yet responded to letters regarding
connection to their homes, and that extra crews had arrived to assist with this project as
work is slightly behind schedule. The City Engineer provided a handout indicating the
timeline being followed by TKDA and the Contractor, with a copy of the timeline and
letter to be mailed to the residents this week.
Resident George Heller, 8644 27"' Street North, requesting clarification of the decision
regarding whether open trenching or directional drilling is used for the service lines from
the main to the home. The City Engineer explained that individual site circumstances
determined the type of service line installation used — such as service line length, in place
landscaping and existing trees.
9. PLANNING. LAND USE & ZONING:
A. Resolution No. 2006-092: Zoning Variance: Richard and Eileen Bergmann:
The City Planner reported that the Planning Commission recommended approval of a
zoning variance to allow a second accessory structure on an RR zoned parcel. Here a barn
structure is on an adjoining tax parcel, but was a part of the original homestead parcel.
The applicant requests a variance to permit the barn to be detached from the adjacent
parcel and added to the homestead parcel where an accessory structure is already in
place. A major condition would be legally combining the additional 1.33 acres including
the bam to the property with the homesteaded property.
Council Member Del-app observed that if both parcels are owned by the same party, and
one is non -conforming by area (as is the homestead parcel), the Code requires the parcels
be combined and divided such that both are conforming in area — 10 acres in this case.
He said he believes that Richard and Eileen Bergmann own both parcels so a condition of
the variance should be that the homestead parcel be enlarged to at least 10 acres.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
93
APPROVED AS AMENDED SEPT EMBER 19, 2006
The City Planner advised that while this is true, it has been his understanding that the
homestead parcel was conveyed to a Bergmann son.
Richard Bergmann advised the Council that the homestead parcel was to be his son's, and
that his son could not afford to purchase a full 10 acres — only the 1.33 acres needed to
place the barn on the homestead parcel.
Council Member Smith is concerned with the number and size of buildings on a 6.33 acre
site and also has concerns with the question of hardship.
MIS/P Johnston/DeLapp — to adopt Resolution No. 2006-092, aproving a zoning
variance for Richard and Eileen Bergmann located at 11459 60 Street North, based on
the reasons expressed in the Resolution. (Motion passed 4-0)
B. Apostolic Church Site: Resolution No. 2006-093: Comp Plan Amendment:
Ordinance No. 97-178: Rezoning
M/S/P Johnston/DeLapp — to table this item until the September 19, 2006, Council
meeting when a full City Council will be in attendance. (Motion passed 4-0)
C. Status of Village Plan (verbal):
The City Planner reported that the Village Area Planning Team was under way with
Phase 2 work following a lengthy contract preparation experience. He noted that
meetings had already been held with the Allied Property Owners and City Staff, and that
additional meetings are scheduled over the next several weeks with MPCA (treated TCE
water discharge), MnDOT/Washington County (Highway 5 modifications) and the Allied
Property Owners (clarification of the "Incentive Fund" components and, thereafter,
specific unit count determination.) He also advised that the City Engineer has been
requested to provide updated data regarding surface water (from that produced for the
Thorbeck Plan), and to begin preliminary design of the sanitary sewer system.
D. Metropolitan Aimort Commission — Lake Elmo Airport 2025 Plan:
The City Administrator, City Planner, Assistant Planner, and representatives from
Baytown Township and West Lakeland Township attended at meeting with MAC staff
and its consultants to discuss the Lake Elmo Airport Long Term (2025) Comprehensive
Plan Update now underway.
MAC presented three draft alternative airport development concepts for inclusion of the
2025 updated place, and has requested comments from the City on the draft alternative
airport development options. He noted that the local government representatives at the
meeting agreed that a fourth alternative be "no further development at the airport."
Council directed Staff to send a letter to MAC stating Lake Elmo City Council support of
the fourth alternative — that being no further development at the Lake Elmo Airport
(runways or hangers) and it conflicts with the Old Village Plan.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
APPROVED AS AMENDED SEPTEMBER 19, 2006
E. Xcel Fly Ash Landfill Siting:
The City Planner stated that Xcel is preparing a voluntary Environmental Impact
Statement for a fly ash fill in West Lakeland Township. The first step in that process is
the preparation of a Scoping Environmental Assessment Workshop (SEAW).
Mayor Johnston stated that as a result of the ground water contamination issues in Lake
Elmo, which could also result from the fly ash fill, it is recommended that the City
support any efforts with West Lakeland Township to defeat the Xcel efforts to place the
land fill in their township, as they are in a leadership position.
Council Member DeLapp questioned what zoning authority the County and the Township
have respectively regarding a use like this. The City Planner reported that West Lakeland
Township has the authority, along with the County, to regulate land fills but Xcel's
strategy is to process their fly ash project permitting as a mine reclamation CUP
amendment through the County (which has authority regarding the mining CUP covering
the proposed site) instead to avoid dealing with a township that is clearly opposed to the
project. The County would have to amend its miring regulations to include a fly ash
landfill as a permissible mine reclamation strategy. He stated that the SEAW pretty
clearly spell out that Xcel strategy, in apparent belief that the County Board would
support what the township would not.
The City Planner stated that Staff is requesting direction regarding if the City desires to
comment to MPCA/ECO regarding the SEAW
City Council directed the City Planner to pursue a response to the SEAW and present
alternatives or beneficial use of fly ash.
F. METC Update:
Council Member DeLapp requested clarification regarding the delay in meeting with the
METC. He noted that the Council had agreed two months ago to set up a meeting once
some issue had been resolved. He couldn't recall the issue. Council Member DeLapp
said he has heard nothing about a meeting since then.
Mayor Johnston stated that the City would meet with METC only when a constructive
agenda was developed. The City is still working on the zoning issues, and it is not yet
ready.
Council Member DeLapp reminded Council that a vote was taken two months ago, that
the City would meet with METC. It has not yet occurred and he asked what the delay
was for.
Council Member Conlin reminded Council Member DeLapp that the City voted to meet
with the METC, but would not go into the meeting without a set agenda. She also
remembered that Mr. Georgecas would be setting the meeting.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
im
APPROVED AS AMENDED SEPTEMBER 19, 2006
M/S/P Johnston/Smith — to place the MET meeting on the September 13, 2006, Council
Workshop and discuss the Agenda for the meeting. (Motion passed 4-0)
10. CITY ATTORNEY'S REPORT:
A. Ziertman/Sessing Update: (verbal)
Moved to Closed Session
11. CITY ADMINISTRATOR'S REPORT:
A. City Administrator Rafferty: None
12. CITY COUNCIL REPORTS:
A. Mayor Johnston reported that he attended the Rasmussen Business College
Groundbreaking, and presented the ceremonial shovel to the City Administrator for use at
the Public Works building.
Mayor Johnston also requested clarification of the Lights Out Policy regarding the VFW
Field and policy of providing a port -a -potty at Carriage Station Park. He also provided
an update from his AMM meeting regarding METC penalties imposed on Lake Elmo
with the extension of the Comprehensive Plan submission.
Reminder that filing dates are open until September 12, 2006, at 5:00 p.m.
B. Council Member Conlin: None
C. Council Member DeLapp: The comments from the members of the AMM
committee regarding the METC penalties to Lake Elmo gave him hope that other cities
may finally be realizing how difficult METC can be on cities that do not abide by METC
dictates.
D. Council Member Smith: None
REMINDERS:
September 12, 2006: Primary Election — Polls Open 7 AM — 8 PM
September 13, 2006: City Council Workshop — 6 PM - 8:30 PM
September 14, 2006: Community Open House on Groundwater Contamination —
OakLand Junior High School
September 16, 2006: Open House at New Public Works — 9 AM — Noon
Meeting ended at 11:50 pm
CLOSED SESSION: Northern Water Main Extension Update
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
11
APPROVED AS AMENDED SEPTEMBER 19, 2006
Resolution No. 2006-087: Approved Claims
Resolution No. 2006-088: Proposed Tax 2006 Tax Levy, Collectible in 2007 and
Proposed 2007 Budget
Resolution No. 2006-089: Approved Setting the Truth In Taxation Public Hearing Dates
for 2006 Tax Levy
Resolution No. 2006-090: Ordered Assessment Hearing for Water System Interconnect
Phase 1V Project
Resolution No. 2006-091: Awarded Bid for 2006 MSA Resurfacing to Tower Asphalt,
Inc.
Resolution No. 2006-092: Approved Zoning Variance for Richard & Eileen Bergman
located at 11459 60'h Street North
Resolution No. 2006-094: Congratulating Lake Elmo Bank for its 95 h Anniversary
Resolution No. 2006-095: Approved Partial Payment No. 2 to Park Construction
Company for Tablyn Park/Lake Elmo Heights Water Main
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2006
12
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-101
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 350, 351, DD910 through DD923,
29733 through 29745, were used for Staff Payroll dated September 281h, 2006; 352,
29746 through 29797, in the total amount of $818,448.30 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 3`d day of October, 2006.
Dean A. Johnston
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
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L
CITY OF LAKE ELMO
2006 BILLING SUMMARY
MONTH
11135
Administration
11140
Criminal Pros
11145
Public Imp. Proj
11150
Community Dev
11155
Civil Litigation
11161
Auto Forfeiture
TOTAL
Jan
$2,381.27
$3,516.24
$363,00
$1,821.52
$135.00
$8,217.03
Feb
$1,364,70
$4,574.62
$572.96
$616.00
$1,997.00
$5.00
$9,130.28
March
$1,160.50
$3,682.65
$3,301.50
$381.50
$280.75
$243.00
$9,049.90
April
$1,921.11
$3,948.44
$1,887.50
$331.61
$486.00
$121.50
$8,696.16
May
$2,186.56
$3,406.51
$586.00
$228.65
$1,768.38
$148.50
$8,324.60
June
$1,638.59
$4,415.02
$1,089.03
$429.00
$2,933.28
$780.00
$11,284.62
July
$1,983.96
$4,043.37
$1,616.00
$275.64
$2,549.50
$262.50
$10,730.97
Aug
$3,621.77
$4,269.11
$4,670.56
$352.00
$5,060.48
$138.68
$18,112.60
Sept
$0.00
Oct
$0.00
Nov
$0.00
Dec
$0.00
Totals
$16,258.46
$31,855.96
$13,723.55
$2,977.40
$16,896.91
$1,834.18
$83,546.46
9/14/2006
Suite 300
50 East Fin Street
St. Paul, MN 55101-1197
r, AIR
• al A ; I ilk;P'RD'f:Y5'S4.D,NA,i. A%S:SD11AT:IDN.
CITY OF LAKE ELMO
3800 Laverne Avenue North ACCOUNT NO
Lake Elmo MN 55042
FEES EXPENSES ADVANCES
11135-030006
REVISION OF ZONING REGULATIONS
143.00
0.00
0.00
11135-050007
VILLAGE AREA CONSULTING AGREEMENT
- ENGSTROM
165.00
0.00
0.00
11135-060003
BERGMANN TEMPORARY WATERMAIN EASEMENTS
759.00
0.00
0.00
11135-060004
HAMLET ON SUNFISH LK WASTEWATER TREATMENT
SYS
AGMT
253.00
0.00
0.00
11135-060005
CIMMERON-SUNRAY PLUMBING CONTRACT
121.00
0.00
0.00
11135-060006
HURT WATER WASTE TREATMENT SYSTEM
242.00
6.74
10.00
11135-920001 Administration
1,914.00 6.03 0.00
3,597.00 14.77 10.00
(651)291-8955
(651) 228-1753 facsimile
Federal Tax IE) M I-0991098
Page: 1
OB/31/2006
11135M
BALANCE
$143.00
$165.00
$759.00
$253.00
$121.00
$258.74
$1,922.03
$3,621.77
THIS STATEMENT IS DOE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NFXr MONTH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
�. ys
(6511291-8955
50 East Fifth Street
y- h 7�
(651) 228-1753 facsimile
St Paul, MMN 55101-I t 97
�-t
ERG
Federal Tax ID #41-0997098
10 =Ngm 3M 02M.,11t
s
Page: 1
CITY OF LAKE
ELMO
08/31/2006
3800 Laverne
Avenue North
ACCOUNT NO.
11140M
.Lake Elmo MN 55042
FEES EXPENSES
ADVANCES
BALANCE
11140-030001
Misc Prosecutions
3,865.00
24.61
0.00
$3,889.61
11140-060004
Belz, David George
DAR
27.00
0.00
0.00
$27.00
11140-060069
Combs, Robert Wayne
no proof of insurance
5.00
0.00
0.00
$5.00
11140-060102
Favors, Aaron Rodney
DAS, no proof of insurance
30.00
0.00
0-00
$30.00
11140-060106
McKinley, Diane Lee
Violate OFP
5.00
0.00
0.00
$5.00
11140-060149
Morreale, Jay Benjamin
3rd degree DUI
10.00
0.00
0.00
$10-00
11140-060154
Bush, Joseph Patrick -
Violate OFP
5.00
0.00
0.00
$5.00
11140-060158
Zabel, Jason Matthew
4th degree DUI, 4th degree .08
30.00
0.00
0.00
$30.00
THIS STATEMENT IS DOE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEST MONTH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 East Fifth Street T EER
St. Paul, MN 55101-I 197 1H
0 o e o
CITY OF LAKE ELMO
ACCOUNT NO
FEES EXPENSES ADVANCES
11140-060173 McKinley, Diane Lee
(651) 291-8955
(651) 228-1753 facsimile
Fedeml Tax ID #41-0991098
Page: 2
08/31/2006
11140M
BALANCE
theft of services
5.00 0.00 0.00 $5.00
11140-060174 Gausman, Keith A.
3rd degree DUI, over center line
10.00 0.00 0.00 $10.00
11140-060175 Skarda, Bryant L.
BWI
57.50 0.00 0.00 $57.50
11-140-060176 Velasquez, Jaime
3rd degree DUI,
3rd
degree .08
92.50
0.00
0.00
$92.50
11140-060177 Hanson, Michael
Ross
2nd degree DUI,
2nd
degree .06,
no proof
of insurance
92.50
0.00
0.00
$92.50
11140-060178 Moua, Chong Bee
Speed
10.00
0.00
0.00
$10.00
4,244.50
24.61
0.00
$4,269.11
THIS STAro:'. RENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF TM MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 East Fifth Street
St. Paul, MN 55101-1197
r ; I 40001
ffif A,
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
FEES
11145-040003 WATER SYSTEMS CONNECTION
541.50
11145-050001 PUBLIC WORKS BUILDING
1,468.50
m
11145-050002 CENTRAL WATER TOWER
EXPENSES
1 IH
0.00
44.00 0.00
11145-060001 TABYLN PARK -LE HEIGHTS WATER CONNECTION
2,605.00 11.56
4,659.00 11.56
(6511291-8955
(651) 228-1753 facsimile
Federal Tax 7D #41-0991098
Page: 1
08/31/2006
ACCOUNT NO. 11145M
ADVANCES BALANCE
0.00 $541-50
0.00 $1,469.50
0.00 $44.00
0.00 $2,616.56
0.00 $4,670.56
THIS STATEMENT IS DUE AND PAYABLE TO THE END Of THE MONTH:.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WH.L BE CREDITED TO THE NE7HT MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 (651) 291-8955
50 Fast Fifth Street �H-+ _ , (651) 228-1753 facsimile
St. Paul, MN 55101.1197 i BERG _- _ Federal Tax ID #41-0991098
B B B P
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
ACCOUNT NO
Page: 1
08/31/2006
11150M
FEES EXPENSES ADVANCES BALANCE
11150-050007 LAKE ELMO DEVELOPMENT CORPORATION - OP
33.00 0.00 0.00 $33.00
11150-060010 BERGMANN LOT LINE ADJUSTMENT-VARI_ANCE
242.00 0.00 0.00 $242.00
11150-060011 EAGLE POINT BUSINESS PARK 6TH ADDITION
77.00 0.00 0.00 $77.00
352.00 0.00 0.00 $352.00
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF TEE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 East Fifth Street
St Paul, MN 55101.1197
E
',P-R 'D I'E'S;S I: ON Ad. ASS D,C I;A T.I D N':
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 55042
FEES EXPENSES
11155-040002 Lake Elmo v. Sessing
4,926.00
11155-920001 Oakdale vs. Minn. DOT at al.
0.00
4,926.00
29.53
0.00
29.53
(651)291-8955
(651) 228-1753 facsimile
Federal Tax ID #41-0901098
.Page: I
08/31/2006
ACCOUNT NO. 11155M
ADVANCES BALANCE
104.95 $5,060.48
0.00 $0.00
104.95 $5,060.48
THIS STATEMENT IS DOE AND PAYABLE TO THE END OF THE MON'TH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300
50 East Fifth Street
St. Paul, MN 55101-1197
NO
; ® MA171
AL ASS �Dti'N
CITY OF LAKE ELMO
3600 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
11161-060003 Olson, Michael John
vehicle forfeiture
(651)291-8955
(651) 228-1753 facsimile
Federal Thix ID 4MI-0991098
Page: 1
08/31/2006
ACCOUNT NO. 11161M
FEES
EXPENSES
ADVANCES
BALANCE
137.50
1.18
0.00
$138.68
TIES STATEMENT 15 DOE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEWED AFTER THE LAST DAY OF THE MONTH WILL BE CREDrmD TO THE NERT MONTws STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
M-V
TKDA
ENGINEERS • ARCHITECTS • PLANNERS
1500 Piper Jaff ray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651)292-4400
(651)292-0083 Fax
www.tkda.com
Proj. No. 13524.000 Cert. No. 3 St. Paul, MN, September 29 20 06
To Cily of Lake Elmo. Mintiesota Owner
This Certifies that Park Construction Co. , Contractor
For Tablvn Park/Lake Elmo Heights Watermain
Is entitled to Four Hundred Seventy Two Thousand Five Hundred Seventy -One Dollars and 77/100-($472.571.77)
being 3rd estimate for partial payment on contract with you dated June 6 2006
Received payment in full of above Certificate.
Park Construction Co.
20 06
TKDA
Thomas D. Prew, P.E.
RECAPITULATION OF ACCOUNT
CONTRACT
PLUS EXTRAS
PAYMENTS
CREDITS
Contract price plus e)d.ras
All previous payments
All previous credits
Fxra No.
$ 3,143,640.78
$ 1.164.591.64
„
Credit No.
$
11 I
AMOUNT OF THIS CERTIFICATE
Totals
472,571.77
$
$ 3,143,640.78
$ 1,637,163.41
$ -
Credit Balance
$
There will remain unpaid on contract after
payment of this Certificate
$ 3,143,640.78
$ 1,506,477.37
$ 3,143,640.78
$ -
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
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CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-102
A RESOLUTION APPROVING PARTIAL PAYMENT NO. 3
TO PARK CONSTRUCTION COMPANY
FOR TABLYN PARK/LAKE ELMO HEIGHTS WATER MAIN
BE IT RESOLVED, that the Lake Elmo City Council hereby approves
Partial Payment No. 3 to Park Construction Company in the amount of $472,571.77
for work improvements for the Tablyn Park/Lake Elmo Heights Water Main,
verified by the City Engineer.
ADOPTED by the Lake Elmo City Council the 3rd day of October, 2006.
Dean A. Johnston, Mayor
ATTEST:
ManRafferty, City Administrator
TKDA
Engineers -Architects -Planners
PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS
Estimate No. 3 Period Ending September 22 ; 20 06 Page 1 of 1 Proj. No. 13524.000
Contractor Park Construction Co. Original Contract Amount 3.143.640.78
Project Tabl n Park/Lake Elmo Heights Watermain
Location Lake Elmo. Minnesota
Total Contract Work Completed
Material Stored to Date
Total Approved Extra Work Completed
Approved Extra Orders Amount Completed
Total Amount Earned This Estimate
Less Approved Credits
Less 5 % Retained
Less Previous Payments
Total Deductions
Amount Due This Estimate
Contractor
Engineer
Park Construction Co.
Thomas D. Prew, P.E.
$ 1,673,329.91
$ 50,000.00
$ 0.00
$ 0.00
$ 1,723,329.91
$ 0.00
$ 86,166.50
$ 1,164,591.64
$ 1,250,758.14
$ 472,571.77
Date
Date September 29 2006
ESTIMATE NO.3
PERIOD ENDING: September 22, 2006
TABLYN PARK/LAKE ELMO HEIGHTS WATERMAIN
CITY OF LAKE ELMO, MINNESOTA
TKDA PROJECT NO. 13524,000
ITEM
NO. DESCRIPTION
CONTRACT QUANTITY UNIT AMOUNT
UNIT QUANTITY TO DATE PRICE TO DATE
GENERAL
LS
1.0
0,50 $ 169,276.00
$
84,638.00
1
Mobilization
LS
1.0
0.50 $
4,550.98
$
2,275A9
2
Traffic Control
3
Remove concrete Curb & Gutter
LF
20.0
$
- $
14.07
$
-
4
Salvage RC Sewer Pipe
LF
80.0
$
- $
2122
$
-
Remove & Patch Bituminous Roadway 4" thick Include Gravel
5
Base
SY
3666.0
$
- $
25.07
$
-
Reclaim & Stockpile Bituminous & Base (6" depth) &
6
Respread
BY
17979.0
$
17,979.00 $
3.74
$
67,241.46
7
Remove & Replace Bituminous Driveway 2" thick Gravel Base
BY
129.0
$ - $
46.86
$
8
Saw Cut Concrete (full Depth) Driveway
LF
11.0
$ - $
10.99
$
9
Saw Cut Bituminous (full depth) Patches and Driveways
LF
5369.0
$ 52.00 $
1.45
$
10
Topsoil Borrow
CY
2341.0
$ - $
30.80 .
$
11
Aggregate Surfacing, CL 5 (6" thick)
TN
1106.0
$ - $
11.71
$
12
Remove & Replace Concrete Driveway 6" Thick Base
BY
4.0
$ - $
64-21
$
13
Install Salvaged 12" RCP, Cl. 5 Storm Sewer
LF
40.0
$ - $
42,44
$
14
Install Salvaged 18" RCP, CI. 5 Strom Sewer
LF
20.0
$ - $
42.44
$
15
Install Salvaged 24" RCP, Cl. 4 Storm Sewer
LF
20.0
$ - $
42.44
$
16
Connect to Existing Watermain
EA
5.0
$ 5.00 $
1,937.56
$
$
17
6" Gate Valve & Box
EA
47.0
44.00 $
28.00 $
1,081.76
1,477.29
$
18
8" Gate Valve & Box
EA
EA
28.0
5.0
$ 3.00 $
1,850.36
$
19
12" Butterfly Valve & Box
EA
5.0
$ 5.00 $
2,809.13
$
20
16" Butterfly Valve & Box
EA
47.0
44.00 $
3,315.91
$
21
Hydrant
EA
5.0
$ - $
587.34
$
22
Hydrant Extension (6")
EA
5.0
$ $
788.80
$
23
Hydrant Extension (12")
EA
79.0
$ $
1,835.49
$
24
Fusable Saddle w11" Corporation Stop
EA
84.0
S 12.00 $
413.05
$
25
1" Corporation Stop
EA
15.0
$ - $
1,933.36
$
26
Fusable Saddle w1115" Corporation Stop
.
$ - $
501.23
$
27
1.5" Corporation Stop
EA
EA
4.0
163.0
$ 12.00 $
481.85
$
28
1" Curb Stop & Box
EA
19.0
$ - $
541.66
$
29
1.5' Curb Stop & Box
LF
730.0
643.00 $
18.53
$
30
611DIP, c1.50 Watermain
LF
7553.0
7225.00 $
21.88
$
31
8"DIP, c1.50 Watermain
HDPE Watemain-DR17 DIP Size (by directional drilling)
LF
10603.0
10773.00 $
31.16
$
32
8"
LF
133.0
$ 57.00 $
38.70
$
33
12"DIP, c1.50 Watermain
12" HDPE Watermain-DR17 DIP Size (by directional drilling)
LF
5117.0
$ 4,933.00 $
48.86
$
34
35
12" MJDIP, cl.50 Watermain (through casing pipe)
LF
170.0
$ - $
40.58
$
LF
68.0
258.00 $
52.68
$
36
37
16"DIP, cl.50 Watermain
16" HOPE Watermain-DR17 DIP Size (by directional drilling)
LF
5195.0
4808 $
70.09
$
38
1" Type HOPE DR11 Water Service (directional drilling)
LF
14391.0
$ - $
10.74
$
$
39
1" Type "K" Copper Water Service (open cut)
LF
2438.0
$ 862.00 $
24.74
$
40
1.5" Type HOPE DR11 Water Service (directional drilling)
LF
5983.0
$ _ $
11.07
26.71
$
41
1.5" Type "K" Copper Water Service (open cut)
LF
120.0
$ $
$
175.70
$
42
Jack/Auger 24" Ste]] Casing Pipe
LF
LB
150.0
14354.0
$ -
14978.00 $
7.01
$
43
DIP Watermain Fittings (C 110 Standard)
$ - S
6.87
$
44
Remove & Replace Concrete Sidewalk 4" thick
SF
73.0
$
45.51
$
45
Concrete Curb & Gutter (match existing)
LF
20.0
$ -
$
19.22
$
46
Concrete Curb & Gutter D412
LF
EA
300.0
181.0
$ -
$ 10.00 $
1,024.95
$
47
Core Drill Basement Foundation Wall & Seal
$
85.96
$
48
Shrub (potted) 24" (match existing)
EA
10.0
$ -
$ - $
85.96
$
49
Salvage Shrub (transplant)
EA
LF
10.0
600.0
892.00 $
2.78
$
50
Silt Fence
SY
13706.0
$ - $
2.06
$
51
Sodding, Type Lawn
Common Laborer (for misc. landscape work)
MAN HF
80.0
$ - $
72.98
$
52
53
Seed & Wood Fiber Blanket
AC
1.0
$ - $
$
7,342.24
55.62
$
$
54
Landscape Rock (match existing)
CY
50.0
$ -
$
101.13
$
F4
nff Pam rl stricture Marker
EA
12.0
$ -
75.40
9,687.80
47,597.44
41,364.12
5,551.08
14,045.65
146,900.04
4,956.60
5,782.20
11,914.79
158,033.00
335,686-58
2,205.90
241,026.38
13,591.44
336,992.72
21,325.58
104,995.78
10,249.50
2,479.76
ESTIMATE NO.3
PERIOD ENDING: September 22, 2005
TABLYN PARK/LAKE ELMO HEIGHTS WATERMAIN
CITY OF LAKE ELMO, MINNESOTA
TKDA PROJECT NO. 13524,000
ITEM
NO. DESCRIPTION
CONTRACT QUANTITY UNIT AMOUNT
UNIT QUANTITY TO DATE PRICE TO DATE
TABLYN PARK (STREET WORK)
1
Common Excavation
CY
1978.0
264.0 $
21.45
$ 5,662.80
2
Aggregate Base cl. 5
TN
1198.0
- $
11.39
$ -
3
Type LV-4 Bituminous Non -Wear Course Mixture
TN
1862.0
- $
52.44
$ -
4
Type LV-4 Bituminous Wear Course Mixture
TN
1780.0
- $
58.25
$ -
5
Bituminous Materal for Tack Coat
GA
899.0
- $
2.68
$ -
6
Adjust MH Casting & Replace Casting & Rings
EA
1.0
- $
366.51
$ -
7
Repair Catch Basin, Replace Casting & Rings
EA
6.0
- $
640.36
$ -
8
Bituminous Driveway Apron (2") (new)
SY
241-0
- $
49.21
$ -
9
Remove & Replace Bituminous Driveway 2" Thick & Gravel
Base
BY
477.0
- $
51.76
$ -
10
Remove & Replace Concrete Driveway 6" Thick & Base
BY
249.0
- $
70.97
$ '
11
Saw Cut Bituminous (full depth) Driveways
LF
832.0
- $
1.60
$ -
12
Saw Cut Concrete (full depth) Driveways
LF
431.0
- $
4.55
$ -
13
Saw & Seal Street (40' intervals)
LF
3695.0
- _ $
1.44
$ -
SUBTOTAL - TABLYN PARK (STREET)
$ 5,662.80
TOTAL ESTIMATE NO. 3 $ 1,673,329.91
MATERIAL STORED TO DATE LS 1.0 0.1400 $ 300,000.00 $ 50,000.00
$ 1,723,329.91
11-t 01,
TKDA
ENGINEERS • ARCHITECTS • PLANNERS
1500 Piper JaHray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651) 292-4400
(651) 292-0083 Fax
www.Ikda.com
Project. No. 13253.000 Cert. No. 7 St. Paul, MN, September 28 120 06
To City of Lake Elmo, Minnesota Owner
This Certifies that CB&I Constructors, Inc , Contractor
For Elevated Water Storage Tank No. 2
Is entitled to One Hundred Nine Thousand Three Hundred Forty Six Dollars and 43/100-- ($109,346.43}
being 7th estimate for partial payment on contract with you dated October 18 2005
Received payment in full of above Certificate.
CB&I Constructors, Inc
.20
TIDA
Chris W. Bryan, P.E.
RECAPITULATION OF ACCOUNT
CONTRACT
PAYMENTS
Contract price plus extras
1,169,000.00
Total Contract Work Completed
1,035,180.00
Change Order No. 1R
3,275.00
Credit No.
Stored Materials
Total Amount Earned This Estirnate
1,035,180.00
Less 5 % Retained
51,759.00)
Escrow Deposits and Interest by Contractor
Less Previous Payrnents
874,074.57
Total Deductions
925,833,57
AMOUNT OF THIS CERTIRCATE
109,346.43
Totals
1,172,275.00
983,421.00
There will remain unpaid on contract after
payrnent of this Certificate
188,854.00
1,172,275.00
1,172,275.00
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-103
A RESOLUTION APPROVING PARTIAL PAYMENT NO.7
TO CB & I CONSTRUCTORS, INC.
BE IT RESOLVED, that the Lake Elmo City Council hereby
approves Partial Payment No. 7 to CB & I Constructors, Inc., in the amount
of $109,346.43 for work improvements for the Elevated Water Storage Tank No. 2,
verified by the City Engineer.
ADOPTED by the Lake Elmo City Council the 3`° day of October, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
i Constructors,
9850 Hickman Road
CorrespondenceAddress Crwe, IA 50325-6316
INVOICE
PROJECT MANAGER Bf,im GONTR.gCi NUMBER CVBTOMERND
DAB
PAY APPLICATION
INVOICE DATE DUEOATE
INVOICE NO
JMN 371SI 1249422
7
Y/25/2006 10/25/2006
150791-07
CUSTOMER REFERENCE NUMBERS era r PURCHASE NUMBERS
JOB LOCATION
Pro eeE #13253.000
Lake Elmo, MN
PAYMENTTERMB
NErse
R
MATO
SOLD To
TKDA
City of Lake Elmo
1500 Piper Jaffrey Plaza
3800 Laverne Ave. North
444 Cedar Street
Lake Elmo, MN. 66042
St. Paul, MN, 55101
Attn: Chris Bryan
760 MG CET / 114' TCL
Original Contract Price
$1,169,000.00
$0.00
Total Contract Price
$1,169,000.00
DESCRIPTION
PRICE
% COMPLETE
AMOUNT DUE
Engineering / Foundation Drawings to
Approval, Bonds / Insurance
$48,750.00
- 100%
48,750.00
Tank & Shaft Drwngs to ApprovalBldg. Permit
$43,500.00
100%
43,500.00
Tank Material Delivery
$160,000.00
100%
160,000.00
Tank Foundation / Piping
$160,000.00
100B/o
160,000.00
Derrick / Access Tube Fabrication & Erection
$40,000.00
10 oD/o
40,000.00
Concrete Shaft
$205,000.00
- 100%
205,000.00
Ring Beam Fabrication & Erection / Flat Slab
$105,000.00
._. 100%
105,000.00
Tank Fabrication
$85,000.00
100%
85,000.00
Tank Erection / Structural 2nd Floor Erection
$180,730.00
100%
180,730.00
Tank Painting
$72,000.00
10%
7,200,00
Tank Disinfection
$1,000.00
0%
0.00
Electrical / Telemetry / Heater
$45,020.00
0%
0.00
Pour 1st & 2nd Floors / Control Bldg.
$19,000.00
0%
0.00
Final Site Restoration / Access Road
$4,000.00
0%
0.00
$11169,000.00
1,o35,180.00
Payments - Regular Mail
CB&I Constructors, Inc.
PG Box 406381
Atlanta, GA 30384-6381
DIRECT QUESTIONS REGARDING:
INVOICE BILLING:
INVOICE PAYMENT:
Progress Completed To Date
Less: Retention 5%
Total Amount Billed To Date
Less: Amount Previously Invoiced
CURRENT AMOUNT DUE
Carrier Delivery and/or Overnight Mail
Bank of America Lockbox Services
CB&I Constructors Inc.-Lockbox 406381
6000 Feldwood Road
College Park, GA 30349
$1,035,180.00
$51,759.00
$983,421.00
$874,074.57
$109,346A3
Ware Transfer information
Bank of America
ABA: 111000012 (ACH only)
026009593 (Wires only)
Account Number: 3756272668
Account Name:
CB&I Constructors, Inc.
Joanne Nealon, AIR Administrator, Ph. 515-254-9505 email: inealon@CBI.com
Gayle Zenz, Credit Manager, Ph. 516-254-9502 email: gzenz@CBI.com
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CB&1 Constructors, Inc.
9550 HICKMAN ROAD
CLIVE, IOWA 50325-5316
PARTIAL WAIVER OF LIEN
To: City of Lake Elmo
3800 Laverne Ave. North
Lake Elmo, MN. 56042
CB&I Contract Number: 37150791
We, having been engaged by you to perform work in the construction of
750 MG CET 1114' TCL
at job location site: Lake Elmo, MN
in accordance with the SIGNED AGREEMENT DATED October 24, 2005
certify that we have fully paid for all work, labor, material, and equipment furnished to
date by us, or by our subcontractors, or material men. In consideration of the payment
to us of $109,346A3 for the following invoice(s).
Date Invoice Number Amount
Sep-26-06 150791-07 $109,346.43
We hereby release to the extent of payment for said invoice(s) any and aft lien, or
right of lien, on account of labor and/or material furnished in the performance of our
work. This partial waiver of lien is limited to the work included in said invoice(s), and
this waiver does not extend to any labor and/or material furnished by us on prior or
subsequent invoice(s).
Executed this 26th day of Se tember, 2006
L 6L��
By:
AIR Administra or
CB&1 Constructors, Inc.
Subscribed and sworn to before me this 26th day of September, 2006
"ry Public -:
a� GAYLA L. ZENZ
Commission NwTdw 713M
Mycommissio Ires .
Dec. 3, 20
TKDA
q &
1500 Piper Jaff ray Plaza —
444 Cedar Street
Saint Paul, MN 55101-2140
ENGINEERS • ARCHITECTS • PLANNERS
(651) 292-4400
(651)292-0083 Fax
www.tkda.com
Proj. No. 13186.000.003 Cert. No. 3 St. Paul, MN, September 28, , 20 06
To City of Lake Elmo Minnesota Owner
This Certifies that G.M. Contracting Inc Contractor
For Water System Interconnect - Phase 11
Is entitled to Eighteen Thousand Four Hundred Forty -Eight Dollars and 33/100----------------------{$ 18,448.33)
FINAL
being 3rd estimate for pa4W payment on contract with you dated June 7 2005
Received payment in full of above Certificate.
TKDA
G.M. Contracting, Inc.
,20 Thomas D. Prew, P.E.
RECAPITULATION OF ACCOUNT
CONTRACT
PLUS EXTRAS
PAYMENTS
CREDITS
Contract price plus eras
$ 359,049.86
All previous payments
$ 350,518.21
All previous credits
Ddra No.
Credit No.
$ -
Compensating Change Order No. 1
$ 9,916.68
.AMOUNT OF THIS CERTIFICATE
$ 18,448.33
Totals
$ 368,966.54
$ 368.966.54
$ -
Credit Balance
$ -
There will remain unpaid on contract after
payment oIFthis Certificate
$ -
$ 368,966.54
$ 368,966.54
$ -
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-104
A RESOLUTION APPROVING FINAL PAYMENT
TO G.M. CONTRACTING, INC.
FOR WATER SYSTEM INTERCONNECT — PHASE II PROJECT
BE IT RESOLVED, that the Lake Elmo City Council hereby approves the Final
Payment to G. M. Contracting, Inc. in the amount of $18,448.33 as recommended by the
City Engineer in his letter dated, September 28, 2006.
ADOPTED by the Lake Elmo City Council the 3rd day of October, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin A. Rafferty, City Administrator
CHANGE ORDER
TKDA
Engineers -Architects -Planners
Compensating
Saint Paul, MN September 29 20 06 Proj. No. 13186.000.003 Change Order No. 1
To G M Contracting Inc
for Water System Interconnect- Phase II
for City of Lake Elmo Minnesota
You are hereby directed to make the following change to your contract dated
June 7 20 06 . The change and the work affected thereby is subject to all contract stipulations and
covenants. This Change Order will (increase) (dec-rease) (netshange) the contract sum by
Nine Thousand Nine Hundred Sixteen Dollars and 68i100..................................................($ 9,916.68 ).
COMPENSATING CHANGE ORDER
This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization):
NET CHANGE =
Amount of Original Contract
Additions approved to date (Nos.
Deductions approved to date (Nos.
Contract amount to date
Amount of this Change Order (Add) (Deduct) (Ne46Iiffinge)
Revised Contract Amount
Approved City of Lake Elmo, Minnesota
Owner
a
Approved G.M. Contracting
Contractor
$ 359,049.86
$ 359,049.86
$ 9,916.68
$ 368,966.54
FIN
Thomas D. Prow, P.E,
White - Owner
Pink - Contractor
Blue - TKDA
ESTIMATE NO. 3
PERIOD ENDING: September 28, 2006
WATER SYSTEM INTERCONNECT - PHASE II
CITY OF LAKE ELMO, MINNESOTA
TKDA PROJECT NO. 13186.000.003
ITEM
CONTRACT QUANTITY UNIT AMOUNT
QUANTITY TO DATE PRICE TO DATE
1
MOBILIZATION
LS
1.0
1.0
$
5,500.00
$
5,500.00
2
TRAFFIC CONTROL
LS
1.0
1.0
$
3,652.68
$
3,652.65
3
REMOVE & DISPOSE OF BIT. PAVEMENT
BY
700.0
847.0
$
3.75
$
3,176.25
4
SAW CUT BIT. PAVEMENT
LF
880.0
731.0
$
1.25
$
913.75
5
PATCH BIT. PAVEMENT 4" THICK INCL. GRAVEL BASE
SY
700.0
847.0
$
13.91
$
11,781.77
6
REMOVE AND REPLACE D412 CURB AND GUTTER
LF
200.0
30.0
$
11.64
$
349.20
7
SEEDING, INCL. SEED, FERTILIZER & WOOD FIBER BLANKET
SY
1,000.0
1,722.0
$
2.11
$
3,633.42
8
SODDING TYPE LAWN
BY
1,000.0
1,370.0
$
4.64
$
6,356.80
9
CONNECT TO EXIST. WATERMAIN
EA
2.0
2.0
$
3,116.04
$
6,232.08
10
6" DIP CL-52 WATERMAIN
LF
60.0
68.0
$
74.28
$
5,051.04
11
DIRECT DRILL 16" (DIP) HDPE SDR 17
LF
4,536.0
4,536.0
$
51.42
$
233,241.12
12
6" RES. SEAT GATE VALVE & BOX
EA
7.0
7.0
$
1,295.63
$
9,069.41
13
16" BUTTERFLY VALVE & BOX
EA
3.0
3.0
$
2,736.85
$
6,210.55
14
6" HYDRANT EXTENSION
EA
3.0
-
$
411.97
$
-
15
12" HYDRANT EXTENSION
EA
3.0
-
$
451.82
$
-
16
6" HYDRANT (9'-6" BURY)
EA
6.0
6.0
$
4,663.25
$
27,979.50
17
MJ DIP COMPACT FITTINGS
LB
2,000.0
2,384.0
$
3.65
$
3,701.60
18
1" TYPE "K" COPPER WATER SERVICE
LF
570.0
846.0
$
16.82
$
14,229.72
19
FUSABLE SADDLE W11" CORPORATION STOP
EA
17.0
19.0
$
729.10
$
13,852.90
20
1" CURB STOP BOX
EA
17.0
19.0
$
370.25
$
7,034.75
TOTAL ESTIMATE NO. 3 $ 368,966.54
TKDA
Engineers -Architects -Planners
PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS
FINAL
Estimate No. 3 Period Ending September 28 , 20 06 Page 1 of 1 Proj. No. 13186.000.003
Contractor G M Contractine Inc Original Contract Amount $359.049.86
Project Water System Interconnect - Phase II
Location Citv of Lake Elmo Minnesota
Total Contract Work Completed
Total Approved Credits
Total Approved Extra Work Completed $ 0.00
Approved Extra Orders Amount Completed
Total Amount Earned This Estimate
Less Approved Credits $ 0.00
Less 0 % Retained $ 0.00
Less Previous Payments $ 350,518.21
Total Deductions
Amount Due This Estimate
Contractor
G.M. Contracting, Inc.
Date
$ 368,966.54
$ 0.00
$ 0.00
$ 368,966.54
$ 350,518.21
$ 18,449.33
Engineer Date September 29 2006
Thomas D. Prew, P.E.
-7/+-�-- `)
Lake Elmo
Agenda Section: Building/Fire/Maintenance
No. 7
City Council
Oct.3, 2006
AGENDA
1) Construction activity update for September
2) 9224 — 31st (concerns of house moved onto property — Hardy)
Background information:
Last November (2005) the City Council approved a request by Linda and David Hardy to move the old
Fredriech farm house from the south side of 31 st St to their property on the north side of 31 st St.
A letter of credit was required and the Hardy's were given 12 months to complete all work.
At the present time work has not been completed and the structure is an eye sore to the area is the
reason for and has been left in an unsafe condition. A citation has been issued.
Your determination as to the next step(s) to be taken is the reason for this being on the council agenda
tonight.
Action Items:
Person responsible:
Informational. No action needed.
J. McNamara
Attachments:
1)Summary Building Report for Sept.
2)Hardy background info.
September 26, 2006
Marty Rafferty
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Movement of Building onto Hardy Property
Our File No.: 11135/060010
Dear Marty:
I have reviewed the following:
Direct Dial #(651) 290-6907
1. Jim McNamara's correspondence of 8/22/06 and 9/7/06;
1 Chuck Dillerud's Memo of 9/20/06;
1. Letter of Credit dated 10/10/05;
1. City Council Resolution 2005-118; and
1. City Code Chapter 1335.
Based upon our conversations and the content of the above documents, I would
recommend the following actions:
1. The Building Inspector should issue a citation charging the property
owner with a violation of Lake Elmo Code 1335.10, Subd. 1. The citation
can be issued immediately.
1. This matter can be placed on the next City Council Agenda for a
determination by the City Council that the condition of the property
constitutes a public nuisance affecting safety (attractive danger and
hazardous building). After the City Council makes this determination, a
copy of the Resolution and an appropriate letter should be sent to the
property owner. If the offending condition is not corrected within five days,
the City should take whatever steps are necessary to make the property
safe and commence a civil action against the property owner to recover
the costs or, in the alternative, specially assess the costs against the
property pursuant to Lake Elmo Code Section 1335.13.
1. Notify the Lake Elmo Bank that the unsafe condition exists and that
the City will be submitting a draw request on November 2, 2006, if the
terms of the City Council Resolution 2005-118 are not satisfied by
November 1, 2006. If the City collects on the Letter of Credit, it can then
let a construction contract to complete the required improvements and
recover the costs from the proceeds of the Letter of Credit.
Please send me a copy of any Improvement Plans for the site. If you have any
questions, please contact me.
Very truly yours,
Jerome P. Filla
JPF:bab
F:Wsers\BARBEMJERRY\Lake Elmo\HardyAtr.wpd
Lake Elmo Municipal Code
Chapter 13 - Municipal Regulations
Section 1335 Public Nuisances
Chapter 13 - Municipal Regulations
Section 1335 - Public Nuisances
1335.01 Public Nuisances Affecting Morals and liecenev.
The following are declared public nuisances affecting public morals and decency:
Subd. I Gambling Devises.
All illegal gambling devices, slot machines and punch boards;
Subd.2 Petting.
Betting, bookmaking, and all apparatuses used in such occupations;
Subd. 3 Rleeal Lionor.
All places where intoxicating and non -intoxicating malt liquors are manufactured, sold, bartered or
given away in violation of law, or where persons are permitted to resort for the purpose of drinking
intoxicating or non -intoxicating malt liquors as a beverage contrary to law, or where intoxicating or
non -intoxicating malt liquors are kept for sale, barter, or distribution in violation of law, and all liquors,
bottles, kegs,, pumps, bars and other property kept at and used for maintaining such a place;
Subd. 4.11le2al Consumption.
Unlawful consumption of intoxicating liquor and non -intoxicating malt liquor in any theater, recreation
hall or center; dance hall, ball park or other place of public gathe,-fng used for purpose of entertainment,
amusement or playing of games, or consumption of intoxicating liquor or non -intoxicating malt liquor
on a public highway or in a motor vehicle;
Subd. 5 Illegal Vehicles.
Any vehicle used for the illegal transportation of intoxicating liquor, or non -intoxicating malt liquor.
Subd. 6 Window Peeping.
The looking into or peeping through doors, windows, or openings of private homes by methods of
stealth and without proper authority and by surreptitious method, or what is commonly known as
"window peeping"
1335.02 Public Nuisances Affecting Peace and Safetv.
The following are declared to be nuisances affecting peace and safety:
Subd_ 1. Altering Drainage
Placing entrance culverts, or doing any act which may alter or affect the drainage of public streets or
other public property or the surface or grade of public streets, or sidewalks without proper permit
Subd. 2. Attractive Bangers.
All dangerous, unguarded machinery, equipment, or other property in any public place, or so situated or
operated on private property as to attract the public.
1335-1
vl s/97
Lake Elmo Municipal Code
Chapter 13 - Municipal Regulations
Section 1335 -Public Nuisances
1335.11 Violation a Nuisance.
A violation of the provisions of this section shall constitute a nuisance and the same may be abated as
provided by subsections 1335.I2 and 1335.I3.
1335-12 Abatement
If any nuisance occurs as defined in this section, the Council may by maiority vote, order the owner, lessee
or occupant or any person having care or control of the lot or land to abate the nuisance. The Council shall
issue a written notice to the person allowing five days after the notice is served for the person to comply.
1335.13 Assessment of Costs.
If the nuisance is not abated within five days in compliance with the notice, the Council shall cause the
nuisance to be abated. The Council shall recover the actual cost of the abatement by civil action against the
person or persons served. Alternatively, if service has been made upon the record owner, as shown on the
records, of the County Auditor collection may be made by ordering the Administrator to extend the sum,
plus 25% of it as a special assessment against the property upon which the nuisance existed. This amount
shall be certified to the County Auditor for collection in the same manner as taxes and special assessments
are certified and collected.
1335-7
2n 919-1
ity of Lake Elmo 55 i 17 77-5510
3800 Laverne Avenue 1 o-m t lai e Elmo, MN 5504.2
8/23/05
David & Linda hardy
2742 Ivy Ave N
Lake Elmo, MN 55042
Re: IOC for moved structures
Mr. & Mrs. hardy,
This letter is being sent to you as a reminder of your agreement and commitment to the city of Lake Elmo
concerning the two structures you were given permission to relocate within the City last year City
approval required that the moving of the buildings and all necessary improvements be completed within 12
months. Also, that driveway access to the property be separate (no shared access) and meet the setback
requirements of the Lake Elmo City Ordinance. Although both buildings have been moved onto the site at
this time no improvements have been started.
It has also come to the City's attention that you have not properly protected the hole you excavated for the
new basement. You must immediately and properly fence of the hole that was dug for the basement and
secure the area so that no person can enter the property and fall in harms way because of no security
provisions in place.
Again, this is a reminder that you have just over two months left before the expiration date on the Ietter of
credit. At that time all improvements are required to be finished as per city council resolution # 2005-118
(enclosed).
you have any estions please contact our city office.
` r
McNamara
Building official
City of Lake Elmo
enclosure
%# printed on recycled paper
Sept 7, 2006
David & Linda Hardy
2742 Ivy Ave No.
Lake Elmo, MN 55042
Mr. & Mrs. Hardy
This letter is to inform you that if the house you moved across 3 V St. is not properly fenced for safety and
security reasons by September 18'", 2006 the city will use your escrow money that we are holding, to have
the work done. If you do not secure the property by the above required date the city may have the work
completed anytime after the Sept 18" date.
If you have any questions concerning the above matter please contact our city office.
Sincerely,
Jim McNamara
Building Official
City of Lake Elmo
MTV OF
LAKE
EL0
City of Lake Elmo 65 7-:,5!0
3300 iaverne ,4venm Norte, / Lake Fimo, NAN t' 55042
September 15, 2006
David and Linda Hardy
2742 Ivy Ave N
Lake Elmo, MN 55042
Linda.
I spoke with you this morning (Fri. 9/15/2006) about putting up the required safety fence
around the house you have recently moved across 3 1 ' Street It was my understanding
that you will have a neighbor help you with the fence installation and it will be completed
this weekend (9/15 — 9/17).
I thank you for your cooperation in this matter_
Your concern about wanting an extension on the Letter of Credit must be taken to the
City Council.
Sincerely,
L it
F im MCNam
Building Offici.
4 City of Lake Elmo
printed on rxycled peper
Summary Building
Report
beptember-ZUUb
Year to Uate
Permits
Permits
Issued
Valuation
Issued
Valuation
New Residential 2
$800,000.00
New Residential 21
$8,753.388.00
New Commercial 0
$0.00
New Commercial 5
$15,022,080.00
Other Residential 40
$510,487.00
Other Residential 274
$5,620,229.00
Other Commercial 13
$634,500.00
Other Commercial 40
$6,160,116.00
Total 55
$1,944,987.00
Total 340
$35,555,813.00
Total Building Fees Collected
$31,999.31
Total Building Fees Collected
$485,372.62
Summary Plumbing Report
Summary Plumbing Report
Plumbing 43
$157,600.00
Plumbing 115
$2,353,896.00
Total Plumbing Fees Collected
$3,120.50
Total Plumbing Fees Collected
$19,592.00
Summary HVAC Report
Summary HVAC Report
HVAC 10
$172,200.00
HVAC 79
$4,891,905.00
Total HVAC Fees Collected
$1,762.00
Total HVAC Fees Collected
$48,391.26
Summary Grand Total Fees
$36,881.81
Summary Grand Total Fees
$553,355.88
Surcharge Fee Paid to State
$990.68
Surcharge Fee Paid to State
$18,377.94
SAC Fees Paid to Met Council
SAC Fees Paid to Met Council
$31,000.00
WAC Fees Paid to Oakdale
WAC Fees Paid to Oakdale
$10,000.00
Misc. Expenses
Misc. Expenses
$0.00
Total Fees Retained
$35,891.13
Total Fees Retained
$493,977.94
Credit Fees to Bldg
$31,916.13
Credit Fees to Bldg
$387,452.02
Credit Fees to Water
$3,900.00
Credit Fees to Water
$82,100.00
Credit Fees to Sewer
$75.00
Credit Fees to Sewer
$24,428.00
TKDA
ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jaff ray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651)292-4400
(651)292-0083 Fax
www.tkda.com
September 29, 2006
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: Assessment Hearing
Water System Interconnect Phase IV
City of Lake Elmo, Minnesota
TKDA Project No. 13186.000
Dear Mayor and City Council;
As you may recall, this project is being assessed to the benefiting property owners based on the
increase in property value. Our appraiser completed the determination of increased value last
spring, prior to the Public Hearing on the project.
The proposed assessment amounts shown on the attached sheet are the same as presented at that
time, with the exception of the Prairie Ridge Office Park. The office park complex requested
that three water services be installed to provide drinking water. We provided them with one
service at no charge, but the cost of the other two was included in the assessment. Also, two of
the duplex office buildings were divided into 4-plex units. The assessments for those units have
been adjusted accordingly.
City Council Action Requested
Conduct the Assessment Hearing and approve the enclosed assessment roll.
Sincerely;
Thomas D. Prew, P. E.
City Engineer
TDP:cme
Enclosure
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
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CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-105
A RESOLUTION ADOPTING ASSESSMENT FOR THE
WATER INTERCONNECTION PROJECT — PHASE IV
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and heard and passed upon all objections to the proposed assessment for the
improvement of Water Interconnection Project— Phase IV Lake Elmo, Minnesota.
NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE
ELMO, MINNESOTA:
Such proposed assessment, a copy of which is attached hereto and made a part
hereof, is hereby accepted and shall constitute the special assessment against the
lands named therein, and each tract of land therein included is herby found to be
benefited by the proposed improvement in the amount of the assessment levied
against it.
2. Such assessment shall be payable in equal annual installments extending over a
period of seven (7) years, the first of the installments to be payable on or before
the first Monday in January, 2007, and shall bear interest at the rate of 5.75
percent per annum from the date of the adoption of this assessment resolution. Tc
the first installment shall be added interest on the entire assessment from the date
of this resolution until December 31, 2006. To each subsequent installment when
due shall be added interest for one year on all unpaid installments.
The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City of Lake Elmo,
except that no interest shall be charged if the entire assessment is paid within 30
days from the adoption of this resolution; and he may, at any time thereafter, pay
to the City of lake Elmo the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which such payment is made.
Such payment must be made before November 15 or interest will be charged
through December 31 of the succeeding year.
4. The Finance Director shall forthwith transmit a certified duplicate of this
assessment to the County Auditor to be extended on the property tax lists of the
county. Such assessments shall be collected and paid over in the same manner as
other municipal taxes.
Under Minnesota Statutes 435.193 to 435.195, the council may, in its discretion,
payment of this special assessment for any homestead property owner by a person 65 years of
age or older for whom it would be a hardship to make the payments, When deferment of the
special assessment has been granted and is terminated for any reason provided in that law, all
amounts accumulated plus applicable interest become due. Any assessed property owner meeting
the requirements of this law and the policy adopted under it may, within 30 days of the
confirmation of the assessment, apply to the city administrator for the prescribed form for such
deferral of payment of this special assessment on his property.
defer the
If an assessment is contested or there is an adjourned hearing, the following procedure
will be followed:
1. The city will present its case first by calling witnesses who may testify by narrative or
by examination, and by the introduction of exhibits. After each witness has testified,
the contesting party will be allowed to ask questions. This procedure will be repeated
with each witness until neither side has further questions.
2. After the city has presented all its evidence, the objector may call witnesses or present
such testimony as the objector desires. The same procedure for questioning of the
city's witnesses will be followed with the objector's witnesses.
3. The objector maybe represented by counsel.
4. Minnesota rules of evidence will not be strictly applied, however, they may be
considered and argued to the council as to the weight of items of evidence or
testimony presented to the council.
5. The entire proceedings will be video-taped.
6. At the close of presentation of evidence, the objector may make a final presentation to
the council based on the evidence and the law. No new evidence may be presented at
this point.
7. The council may adopt the proposed assessment at the hearing.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes,
Section 429.081, by serving notice of the appeal upon the mayor or city administrator within 30
days after the adoption of the assessment roll and filing such notice with the district court within
ten days after service upon the mayor or city administrator.
Dated at Lake Elmo, Minnesota, this 15th day of September, 2006.
Sharon Lmmby, City Clerk
City of Lake Elmo
T�DA
ENGINEERS • ARCHITECTS • PLANNERS
September 29, 2006
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: No Parking — 15"' Street North
City of Lake Elmo, Minnesota
TKDA Project No. 13593.000
Dear Mayor and City Council;
1500 Piper Jaffray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651) 292-4400
(651)292-0083 Fax
www.tkda.com
The City staff has received complaints from residents along 15th Street North regarding parking
along that street. The problem is that people will park at the east end of the street to access the
Regional Park at that point. This is not an official entrance to the park.
This parking creates concerns for public safety from the neighboring residents.
The staff is recommending extending the No Parking on this street from Ivy Avenue to the east
end of the street.
City Council Action Requested
Pass an Ordnance prohibiting parking on both sides of 15th Street North from Ivy Avenue to the
east end of the street.
Sincerely;
Thomas D. Prew, P. E.
City Engineer
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 97-182
AN ORDINANCE RELATING TO SECTION 1005.04 (1)
(PARKING PROHIBITED)
TO THE LAKE ELMO MUNICIPAL CODE
Section 1. Amendments: Section 1005.04 (1). is hereby added to the Lake Elmo
Municipal Code: to wit:
Restrictions on 15�' Street North, on both sides, from Ivy Avenue North to the East
end of the street.
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 3, 2006.
Dean A. Johnston, Mayor
Martin Rafferty, City Administrator
Published in the Lake Elmo Leader on the day of October, 2006.
TKDA
ENGINEERS • ARCHITECTS • PLANNERS
September 29, 2006
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: Approve Plans SCADA
City of Lake Elmo, Minnesota
TKDA Project No. 13593.000
Dear Mayor and City Council;
1500 Piper Jaff ray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651) 292-4400
(651) 292-0083 Fax
www.tkda.c0m
Plans are complete for the SCADA system. SCADA is the control system which allows the well
pumps and the water tower to communicate. It also allows the water operator to monitor and
control the operation of the water system from the Public Works Building, or a remote location.
This bid package will include controls for the two well sites the Water Tower Number 2, the lift
station on Hudson Boulevard, and dedicated computer hardware and software for the Public
Works Building.
This SCADA system is expandable to allow for other future City facilities to be monitored as
well.
Cit}, Council Action Requested
Approve Plans and Specifications for the SCADA system, and authorize the advertisement for
bids.
Sincerely;
Thomas D. Prew, P. E.
City Engineer
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
' Ifl
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-107
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS
SCADA
(Supervisory Controls and Data Acquisition)
WHEREAS, the City Engineer has prepared plans and specifications for the
Supervisory Controls and Data Acquisition which allows the well pumps and the water
tower to communicate and has presented such plans and specifications to the Council for
approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE
ELMO, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part
hereof, are hereby approved.
2. Th City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement
shall be published for two weeks, shall specify the work to be done, shall state that
bids will be opened and considered by the Council at the November 8, 2006
Council meeting, in the Council chambers of the City Hall, and that no bids will be
considered unless sealed and filed with the clerk and accompanied by a cash
deposit, cashier's check, bid bond, or certified check payable to the clerk for 5% of
the amount of such bid.
ADOPTED BY THE COUNCIL this 3rd day of October, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
T�Z�A
ENGINEERS • ARCHITECTS • PLANNERS
September 29, 2006
Honorable Mayor and City Council
City of Lake Elmo, Minnesota
Re: Northern Watermain Extension
City of Lake Elmo, Minnesota
TKDA Project No. 13552.000
Dear Mayor and City Council:
1500 Piper Jaffray Plaza
444 Cedar Street
Saint Paul, MN 55101-2140
(651)292-4400
(651)292-0063 Fax
www.tkda.com
Bids for the referenced project were received on July 20, 2006. We held the bids until easements
were obtained for the watermain route. An agreement for the easement acquisition has been
reached.
As part of the easement negations, the route was changed, thus a change order will be executed
to account for this revision to the work. Also we will adjust the completion dates for the project.
It is not anticipated to commence construction until November.
Recommendation.
Award the contract for the Northern watermain extension to GM Contracting for their bid
amount of $411,812.68.
Sincerely,
Thomas D. Prew, P.E.
Project Manager
TDP:cme
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
I
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-106
A RESOLUTION AWARDING THE BID FOR THE
NORTHERN WATER MAIN EXTENSION
WHEREAS, pursuant to an advertisement for bids for the NORTHERN WATER
MAIN EXTENSION PROJECT were received, opened, and tabulated according to law,
and the attached bids were received complying with the advertisement.
AND WHEREAS, G.M. CONTRACTING, INC. is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE
ELMO, MINNESOTA:
The mayor and clerk are hereby authorized and directed to enter into a contract
with Allied Blacktop Company in the amount of $411,812.68, in the name of the
City of Lake Elmo for the Northern Water Main Extension Project according to
the plans and specifications therefore approved by the City Council and on file in
the office of the city clerk.
2. The city clerk is hereby authorized and directed to return forthwith to all bidders
the deposit made with their bids, except that the deposits of the successful bidder
and the next lowest bidder shall retained until a contract has been signed.
ADOPTED, by the Lake Elmo City Council this 3rd day of October, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9A
City Council
October 3, 2006
Agenda Item: Zoning Ordinance Amendment — Accessory Buildings
Background Information for October 3.2006:
On the August 15 the Council approved an interpretation of some unclear terms regarding the allowable
area of accessory in the Non -Conforming AG zoning district. The Council also directed the City Attorney
(rather than Planning staff) to prepare amendments to the accessory structure standards to clearly state the
allowable area interpretation agreed to by the Council.
We have attached the City Attorney's draft of the proposed amendments. The City Council's concurrence
with that draft language is requested prior to scheduling of a Public Hearing before the Planning
Commission — which is required for any zoning text amendments.
Action items:
Person res onsible:
4ty
Motion to approve the text of a proposed zoning ordinance
amendment and directing staff to publish Notice of Hearing on the
proposed amendment.
Attachments:
Time Allocated:
1. City Attorney Draft of Text Amendment1 ` ��
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CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 17 IBC)
AN ORDINANCE RELATING TO ACCESSORY BUILDINGS
The Lake Elmo City Council hereby ordains that Section 300.13 Subd. 4 of the
Lake Elmo City Code is amended to read as follows:
Subd. 4 Number/Size of Accessory Buildings. The maximum number
and size of accessory buildings permitted in each zoning district shall be
as follows, provided that no accessory buildings shall be constructed
unless there is adequate room for any required secondary drain field
site.
NUMBER/SIZE
OF ACCESSORY BUILDINGS
Agricultural
There shalt be no limit on the size or number of
accessory buildings so long as the parcel is a
nominal forty (40) acres or more, and buildings are
agricultural business as defined in 300.13 Subd
3(A)(5)
Agricultural (Non -conforming)
Up to ten (10) acres
Two (2) buildings with a combined area not to
exceed ^^e theusand (1,0004 two thousand (2,0001
square feet
Over ten (10) acres but less
Two (2) buildings with a combined area not to
than forty (40) acres
exceed two thousand (' QQQ four thousand (4.0001
square feet
Rural Residential
Up to ten (10) acres
One (1) two thousand (2,000) square feet detached
building; in addition to an attached garage
Over ten (10) acres but less
One (1) two thousand five hundred (2,500) square
than fifteen (15) acres
feet -detached building; in addition to an attached
garage
Over fifteen (15) acres to 20
One (1) three thousand (3,000) square feet
yes
detached building; in addition to an attached
garage
Residential - R1, RED and OP
Over Five Thousand (5,000)
A combined area of one thousand two hundred
square feet to I ;iGre but less
(1,200) square feet for attached and detached
than one (1) acre
accessory structures or residential garage; the size
of the footprint of the detached structure shall not
exceed the size of the footprint of the primary
structure
From One (1) acre to two (2)
One (1) one thousand two hundred (1,200) square
acres
feet detached residential garage or building in
addition to an attached garage
Over two (2) acres One (1) one thousand three hundred (1,300) square
feet detached residential garage or building in
addition to an attached garage
ADOPTION DATE: Passed by the Lake Elmo City Council on the _ day of
11 2006.
EFFECTIVE DATE: This Ordinance shall be effective the day following its publication.
Dated: 12006
Dean Johnston, Mayor
ATTEST:
Martin Rafferty, City Administrator
PUBLICATION DATE: Published on the _ day of 2006.
F:\users\Janice\Jerry\LEWcce ry Building Ordinance.dx
2
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 96
City Council
October 3, 2006
Agenda Item: Septic Pumping/Inspection — Ordinance Amendment
Background Information for October 3, 2006:
Chapter 700 of the City Code prescribes that all private septic systems in the City, (well over 2,000) are
required to be pumped every 2 years. Washington County (and many other municipalities) have similar
requirements — usually a 3 year interval. As (again) with most other governments with similar requirements
Lake Elmo has not been as aggressive as intended toward enforcement of the 2 year pumping requirement.
We have had an excellent dBase monitoring system to track performance, but less than effective follow-up
when the monitoring system detects non-compliance with the 2 year rule — until recently.
With a more aggressive recent effort to attain the 2 year compliance (at least notice of non-compliance),
staff has heard from several property owners stating that single person or 2 person households often
generate so little septic volume to septic tanks that pumping every two years becomes serious "over kill".
While there appears to be logic to that contention, staff also contends that the 2 year strategy is not only
intended to assure septic tanks are pumped but to also identify potential septic failures from the reports
required of the septic pumper by the City. Even if a system is not actually pumped every 2 years, we believe
it was one intent of the ordinance to have some manner of periodic third parry septic system inspection.
It has been suggested that a simple inspection and report of findings every 2 years could be substituted for
the actual pumping — if not pumping is found to be required. Perhaps such inspection could be carried out
by one of the septic pumping firms licensed by the City, or a State -certified Septic Inspector. If the
inspection revealed a need to pump, the pumping would still be required.
We have attached a simple ordinance amendment that would permit certified septic inspections or licensed
septic pumper inspections to constitute compliance with the 2 year pumping law.
Action items:
Motion to adopt Ordinance #97 - amending Chapter 700 of the
Person •es onsible:
r
tt��
City Code to permit substitution of licensed or certified septic
inspections for septic pumping every 2 years where such
inspections find no septic pumping is required.
Attachments: M
Time Allocated:
1. Draft Ordinance #97 - Amending 2 year septic pumping
requirement.
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CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE 97-181
AN ORDINANCE AMENDING THE LAKE ELMO MUNICIPAL CODE
RELATING TO MAINTENANCE OF SEWAGE TANKS
The City Council ordains that section 700.03, Subdivision 1, of the Lake Elmo Municipal
Code is hereby amended as follows:
E. 7080.0175 Maintenance
Sewage tanks shall be pumped or inspected by a City -licensed septic pumper, or
inspected by a State -certified septic inspector every two (2) years. A pumping
and/or inspection report shall be submitted to the City by the pumper or ins ep ctor.
The City will furnish report forms.
This ordinance shall become effective upon its passage and publication according to law.
ADOPTED by the Lake Elmo City Council this 3`d day of October, 2006.
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Published in the Lake Elmo Leader on
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9L._
City Council
October 3, 2006
Agenda Item: Fly Ash Land Fill Siting
Background Information for October 3, 2006:
As we previously advised the Council, MPCA conducted a Scoping Environmental Assessment Worksheet
(SEAW) Public Meeting regarding the proposed Xcel Fly Ash land fill in West Lakeland Township at Oak -
Land school on September 21. The meeting was well attended (auditorium nearly full), including our local
State legislators. As I expected. and as I am certain has happened at these EAW Scoping meetings in the
past, the legal and intended purpose of the meeting was misunderstood by most attendees. This meeting was
not to hear testimony regarding the West Lakeland site proposal, but merely to inform the Public of the
Environmental Impact Study process and inform the Public that they are invited to submit written
suggestions as to what additional subjects (beyond those already addressed in the draft SEAW) during the
45 day SEAW review & comment period (ending October 12). MPCA staff would not respond to any
comments regarding the project except to explain (repeatedly) that this was not the forum for those
comments.
The only matter raised by the Public that MPCA staff took note of and agreed to look into was a further
extension of the SEAW comment period (to beyond 45 days — which was already a requested extension
from the normal 30 days). Beyond that, the 2 hour meeting was of little value — to the attending Public or
MPCA — and merely a procedural pro forma.
Lake Elmo staff continues to review the draft SEAW and intends to submit comments by either the current
October 12 deadline or whatever extended comment period that may be provided by MPCA.
Action items:
Person re nsible•
C ty
None Required
Attachments:
Time Allocated:
None
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9D
City Council
October 3, 2006
Agenda Item: Re-Establish/Modify OP Development — Amend AG, RR & OP
Background Information for October 3, 2006:
On September 11, 2006 the Planning Commission conducted a Public Hearing and thereafter unanimously
adopted a recommendation to amend the AG, RR, and OP district text of the zoning ordinance to both re-
establish OP development as a Conditional Use in AG and RR, and increase the allowable density for OP
from 16 units per 40 acres (0.40 units per acre) to 18 units per 40 acres (0.45 units per acre). The AG & RR
districts were amended in 2005 to remove the OP option (as a CUP) pending completion of the
Comprehensive Plan.
With the land south of 10'' now precluded from OP development by the FSD land use classification (and,
soon, corresponding zoning), and the Village Area zoning to be held in abeyance by the development
moratorium appearing as Item 9E on this agenda, there is no continuing need to withhold OP development
within the remaining RAD guided areas of the City. In addition, the 2030 Comprehensive Plan increases
the maximum allowable RAD development density using OP from .040 units per acre to .045 units per acre
(16 units per 40 increased to 18 units per 40). The OP zoning standards must be increased accordingly at
some point for Comprehensive Plan conformity.
Person responsible:
Action items:
/Pl F\
Motion to adopt Ordinance #97 —adopting amendments to the
Section 300.07 (AG and RR district CUP), and Section 301 (OP
Development), as recommended by the Planning Commission..
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Attachments: q `) — ' `1 RR_
Time Allocated:
1. Draft Ordinance #97- Amending Zoning Text
2. Draft Planning Commission Minutes of September 25
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ft Planning Commission Minutes of 9125/06 DRAFt
Public Hearing
Amend Zoning Ordinance -Open Space Preservation Ordinance
The Planner explained that about one year ago the City Council amended the AG and RR
Zoning Districts by repealing Conditional Use Permits for OP Developments because
pending completion of the 2030 Comprehensive Plan and completion of the Village Area
Plan. He suggested that with the 2030 Plan now completed and approved, and the ability
to preserve status quo in the Village Area by development moratorium the OP process
can now be re-established in the zoning ordinance. In addition, in order to meet
population goals of the 2030 Comprehensive Plan, the Open Space Preservation was
planned for an increase in density from 16 units per 40 acres to 18 units per 40 acres. By
amending the OP ordinance to the increased allowable density, the OP Ordinance will be
brought into compliance with the Comprehensive Plan.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:13 P.M.
Nobody came forward to speak.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:14 P.M.
M/S/P, Roth/Annstrong to recommend Section 300.07 and Section 301.06 zoning
ordinance amendments as proposed by Planning Staff. Vote: 9:0.
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 97-183
AN ORDINANCE RELATING TO CONDITIONAL USES
IN THE AGRICULTURAL ZONE
The Lake Elmo City Council ordains that Section 100.07, Subdivision 4, A.2(f) is hereby
added to the City Code to read as follows:
300.07 Subd. 4. A.2.(f) Open Space Development as regulated by Section 301.
THE LAKE ELMO CITY COUNCIL HEREBY ORDAINS THAT SECTION
300.07, SUBDIVISION 4, A.2(f) IS HEREBY ADDED.
ADOPTION DATE: Passed by the Lake Elmo City Council on the 3`d day of October,
2006.
EFFECTIVE DATE: This Ordinance shall be effective the day following its
publication.
Dated: 2006
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
PUBLICATION DATE: Published on the day of October, 2006
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 97-184
AN ORDINANCE RELATING TO CONDITIONAL USES
IN THE RURAL RESIDENTIAL ZONE
The Lake Elmo City Council ordains that Section 300.07, Subdivision 4, 13.2(b) is hereby
added to the City Code to read as follows:
300.07 Subd. 4. B.2.(b) Open Space Development as regulated by Section 301.
THE LAKE ELMO CITY COUNCIL HEREBY ORDAINS THAT SECTION
300.07, SUBDIVISION 4, B.2(b) IS HEREBY ADDED.
ADOPTION DATE: Passed by the Lake Elmo City Council on the 3rd day of October,
2006.
EFFECTIVE DATE: This Ordinance shall be effective the day following its
publication.
Dated: .2006
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
PUBLICATION DATE: Published on the day of October, 2006
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 97-185
AN ORDINANCE RELATING TO OPEN SPACE PRESERVATION
RELATING TO DENSITIES
The Lake Elmo City Council ordains that Section 301.06 Subdivision 2.H. is hereby
amended to the City Code to read as follows:
301.06, Subd. 2H. Densities:
The maximum dwelling unit density shall be eighteen (IS) units per forty (40) gross acres
of Buildable Land.
THE LAKE ELMO CITY COUNCIL HEREBY ORDAINS THAT SECTION
301.06, SUBDIVISION 2.11. IS HEREBY AMENDED..
ADOPTION DATE: Passed by the Lake Elmo City Council on the 3Id day of October,
2006.
EFFECTIVE DATE: This Ordinance shall be effective the day following its
publication.
Dated: 12006
Dean A. Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
PUBLICATION DATE: Published on the day of October, 2006
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9C-r
City Council
October 3, 2006
Agenda Item: Development Moratorium — Village Area
Background Information for October 3, 2006:
The Village Area remains an open issue as to detailed land use as of now. The City Attorney advises,
however, that we may now adopt a new Development Moratorium for the Village Area pending completion
of the detailed plan for that area that has now been contracted for. "Protection" of the Village Area from
premature and inappropriate development can be assured even with the OP ordinance again operative. A
Moratorium Ordinance covering the Village Area is attached for Council consideration.
The length of the moratorium is not specified — and should be along with any motion to adopt the ordinance.
Staff recommends a minimum of 6 months (180 days) through March, 2007. We expect Village Area
planning to be completed by that time. Village Area property owners will need to be submitting applications
responsive to the Village Area Plan by March if development is contemplated during 2007. Should projects
clearly consistent with the spirit and intent of the planning require earlier action, the ordinance provides for
early removal of those properties.
Action items:ON-1
Person res onsible:
Motion to adopt Ordinance #97 = adopting a Development
Moratorium for the Village Area now subject to contractual and
land use planning and design by the City.
Attachments:
Time Allocated:
1. Draft Ordinance #97- Development Moratorium
2. Moratorium Area Map
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO.97-186
AN ORDINANCE RELATING TO THE ADOPTION OF A DEVELOPMENT
MORATORIUM IN THE VILLAGE AREA
The Lake Elmo City Council ordains that Section 301.160 and its subdivision shall be
added to the Lake Elmo Municipal Code to read as follows:
301.160 Development Moratorium
A. The Village Area of the City of Lake Elmo (The "City") is designated on
EXHIBIT A attached (The "Village Area").
B. The City has commissioned various studies to determine development impacts
and infrastructure requirements for future development of the Village Area.
C. The City has received reports relating to street layouts, waste water treatment
facilities, and the provision of City water to the Village Area.
D. The City needs to complete its review of surface water drainage and sanitary
sewer issues relating to the Village Area.
E. Upon completion of the various contracted studies regarding the Village Area
, including sanitary sewer and surface water drainage, the City will be in a
position to amend its comprehensive plan and official controls to guide and
facilitate orderly development in the Village Area.
F. In order to protect the planning process and the health, safety and welfare of
its citizens, a Development Moratorium is hereby adopted pursuant to the
provisions of Minn. Stat. 462.155, Subd. 4, as amended, for all property in the
Village Area subject to the following conditions which shall be applicable
during the term of the Development Moratorium:
1. Property may only be rezoned to an agricultural use.
2. Property may not be further subdivided except in connection with an
approved lot line adjustment.
3. Vacant platted residential lots which have already been approved by
the City may be developed consistent with the City's current zoning
and building regulations and any conditional use permit which may
apply to such property.
4. Additions to existing construction shall be allowed subject to the
issuance of appropriate permits.
5. Additions to existing structures or new construction which would
require a variance shall not be permitted.
G. This Development Moratorium shall remain in effect for up to
months from the date of publication of this Ordinance
unless terminated or extended by action of the City Council.
H. The City Council may, by amendment to this Ordinance following the
adoption of specific findings, remove specific parcels from the area of this
Development Moratorium; or repeal the Development Moratorium in its
entirety.
Effective Date: This Ordinance shall be effective the day following its publication.
Adoption Date: Passed by the City Council of Lake Elmo the 3rd day of October, 2006.
Dean A. Johnston, Mayor
Martin J. Rafferty, City Administrator
Publication Date: This ordinance was published in the Lake Elmo Leader on
I