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HomeMy WebLinkAbout12-06-88 CCM'Y LAKE ELMO CITY COUNCIL DECEMBER 6, 1988 Acting -Mayor Rose Armstrong called the City Council at 7:04 p.m. in the City Council chambers. Present: Johnson, Graves, Moe, City Engineer Bohrer, Attorney City Administrator Morrison. Absent: Mayor Christ. 1. Agenda fY meeting to order Armstrong, Steve Carlson and M/S/P Graves/Johnson - to approve the December 6, 1988 City Council agenda as presented. (Motion carried 4-0). 2. Minutes: November 15, 1988 M/S/P Graves/Moe - to approve the November 15, 1988 City Council minutes as presented. (Motion carried 3-0-1 Abstain:Johnson) 3. Claims M/S/P Graves/Moe - to approve the December 6, 1988 claim 491106 through 091217 as presented. (Motion carried 4-0). 4. Public Inquiries There were no Public Inquiries. 5. REAPP Report Todd Williams reported a REAPP member attended a contested case hearing held by the MPCA on the expansion of the Flying Cloud Landfill in Eden Prairie and found it involved much expert testimony. She came back and reported that it will be extremely important to have an expert witness available to us in all. the proceedings yet to come. This confirms the decision Lake Elmo has already reached to get an engineer on board as early as next year. REAPP wants to work closely with the City in composing the statement of work that will be sent out for an engineering bid. The Council rea£irmed the agreement between the City Administrator. and REAPP allowing them to review anything that goes out to the engineers. A request for qualifications will be sent out first with a summary of - the kinds of work that will be involved. From the response, four or five firms will be selected and sent request for proposals. Administrator Morrison explained the Dayton firm asked to be involved in the selection process because they are familiar with the process, but the Council and staff, with REA.PP's help, felt they could do the groundwork and use a minimum of Dayton's time. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 1988 PAGE. 2 REAPP has met wth Senator Merriam who said he was unsure what he wanted to do and suggested they contact Rep. Long who has now been promoted to the Chairman of the House Tax Committee. It was suggested by Gov. Perpich's lobbyist to wait until committees and chairmanships have been decided in the House, but REAPP should contact other cities that have landfill. sites and develop some type of coalition and get all. the cities and their County Commissioners involved in the recycling effort. 6. Solid Waste Committee Report Bruce Dunn, Chairman of the Solid Waste Committee, asked for Council consensus on a garage sale planned for the Spring. Items will be donated and proceeds wi.l.l. be given to the recycling effort. The Council gave their consensus to proceed with the garage sale. The Council gave verification to proceed with buying containers with the $5,000 grant from Washington County. Dunn explained that details have not been worked out, but thought these containers will. be sold at half price ($5-$6) and be made available at City Hall where addresses of purchasers will be recorded. A. 1989 grant application from the County is now in process. Councilman Johnson explained the Solid Waste Committee examined the possibility of using these containers to get people involved who are not now recycling. Once people see the colorful containers out on the street, it will generate more interest. 7. PLANNING/LAND USE/ZONING: A. PUBLIC HEARING: Variance, OHWM Setback & Shoreland Permit Roger Beaubien and Everett Beaubien The Council decided that Roger Beaubien's shoreland permit could be issued for the 37 acre tract on the west side of Kelvin Avenue, zoned RR, because no variances were required. There was sufficient land for a septic system and two drainfi.eld sites. The proposed structures are approximately 300 ft. from the high water mark of Sunfish Lake and well above the high water mark in elevation. M/S/P Graves/Moe - to approve the Shoreland Permit for a 37 acre tract on the west side of Kelvin Avenue owned by Roger Beaubien. (Motion carried 4-0). Acting -Mayor Armstrong opened up the public hearing at 7,:26 p.m. in the City Council. chambers. The purpose of the hearing was to consider a shoreland ordinance variance by E. Beaubien. At the last City Council meeting, the requests of Roger and Everett Beaubien were tabled until a public: hearing could be called and to provide the applicants an opportunity to explain the hardship for the variance. A copy was provided of the resolution approving the subdivision (tract C originally contained 8.1.93 acre and the Council allowed that to be split into 2 parcels - one being 2.972 acres and ( the other 5.2.21 a.cres).Tract A-1 and tract A are in one ownership and there is a house on the property. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 1988 PAGE 3 Bohrer reported that since that time, the staff has done additional research and found the subdivision creating the 5 acre lot with only 33 feet of road frontage was granted by the City. The only variance that remains is the Shoreland Ordinance variance for structure setback from the NOIIW. City Engineer Bohrer pointed out a discrepancy in the measurement of the proposed setback. A survey prepared by Delmar Schwanz shows the proposed house location and shoreline on October 17, 1988..The survey did not show the elevation of the shoreline. VBWD reports list the water elevation of Sunfish lake on October 1, 1988 to be 896.22. The DNR's NOHW is 896.4; therefore, the shoreline shown on the survey is for all practical purposes the NOHW. From the drawing provided, Bohrer scaled 82 feet from the southeast corner of the house to the shoreline. Roger Beaubien said that he field measured the distance closer to 7.50 feet. Bohrer explained Sunfish Lake is classified as a "Natural Environment Lake" with a setback requirement of 200 feet from the ordinary high water mark as opposed to the 100 foot setback required on a lake with a classification of. "Recreational Development" such as Lake Jane, DeMontreville and Olson. Roger Beaubien stated his hardship was the topography of the land. The site chosen for the homesite is the highest site and it is the only practical site for the home (64' x 34'). The septic system would go down the slope and the City Engineer stated there was sufficient room, if done correctly, to meet all the setbacks. There is 2 1./2 acres of dry land and Washington County soils survey indicate the land should be suitable for septic system purposes. Armstrong closed the public hearing at 7:50 p.m. Councilwoman Armstrong visited the site and found the topography to be a hardship and stated it was a buildable lot. The house is protected from the lake being tucked back into the corner, no potential pollution problem to the lake from the septic system based on the topography, soils are adequate for a septic system, and it is a legal lot of record (April 20, 1982 City Council minutes approving the subdivision). Todd Williams stated this property was; ideally suited for an earth shelter house which could be put into the side of the hill and meet all the setback requirements. Mr. Beaubien responded they looked into this, but they would lose the view and it would move the house down 15 feet and would not gain any distance. Bohrer presented a map, showing a small colored portion that would only meet the 200' setback; therefore a variance is needed irregardless of reasonable house placement. M/S/P Graves/Johnson - to approve a shoreland ordinance variance for the 5.2 acre parcel from the 200' NOHW of Sunfish Lake for a placement ( of a home by Everett E. Beaubien based on the hardship of the topography of the land. (Motion carried 4-0). LAKE ELMO CITY COUNCIL, MINUTES DECEMBER 6, 1988 PAGE 4 M/S/P Graves/Moe - to approve a shoreland permit for the 5.2 acre ( parcel owned by Everett Beaubien. (Motion carried 4-0). B. PUBLIC HEARING: Variance, Sideyard Setback & Shorel.and Permit David Schwarz, 10961 32nd St. N. The staff has been unable to contact Mr. Schwarz by calling the telephone numbers listed on his application. A written letter has been sent to Mr. Schwarz, but he has not contacted the City. The Council asked the City Administrator to write a letter to Mr. Schwarz informing him his application will. be tabled until the last Council meeting in January. If we do not hear from him, his application will be turned down. M/S/P Gra-ves/Johnson - to table the public hearing to January 17, 1989 City Council meeting for the requested variance, sideyard setback and shoreland permit for. David Schwarz. (Motion carried 4-0). 8. CITY ENGINEER'S REPORT: A. Final Payment, Ace Blacktop-- Patch/Overlay 33rd St. & Klondike Larry Bohrer reported the work. on 33rd Street and Klondike Avenue, patching and overlay by Ace Blacktop, is complete and ready for final acceptance. Bohrer provided, for Council review, Compensating Change Order No. 1 in the amount of $9.40 which increases the original contract amount to the final a.s-built amount, and Estimate and Certificate No. 2 (Final.) in the amount of $1,077.45. M/S/P Graves/Moe - to accept the work for patching and overlay on 3�rd Street and Klondike Avenue. (Motion carried 4-0). M/S/P Graves/Moe - to approve Compensating Change Order No. 1 in the amount of $9.40. (Motion carried 4-0). M/S/P Graves/Moe - to approve Estimate and Certificate No. 2 (Final) and issue payment of $1,077.45 to Ace Blacktop which should come from the 1988 MSA Maintenance Funds. (Motion carried 4-0). B. Final Payment, Danner, Inc.--47th St. MSA Improvement City Engineer Bohrer reported the work on the 1988 MSA Project - 47th Street from Keats Avenue to Kimbro Avenue is complete and ready for final acceptance. Provided for. Council review was Change Order No. 2 for adding flow rate control culverts as required by VBWD in the amount of $432.00 and Compensating Change Order No. 3 in the amount of (deduct) $1,640.1.1 which reduces the original contract amount to the final as -built amount, and Final Estimate and Certificate No. 2 in the amount of $11,747.62. LAKE'ELMO CITY COUNCIL MINUTES DECEMBER 6, 1988 PAGE 5 M/S/P Graves/Moe - to accept the work for the 1988 MSA Project - 47th Street. (Motion carried 4-0). M/S/P Graves/Moe - to approve Change Order No. 2 in the amount of $432.00. (Motion carried 4-0). M/S/P Graves/Moe - to approve Compensating Change Order No. 3 in the amount of (Deduct) $1,640.11. (Motion carried 4-0). M/S/P Graves/Moe - to approve Final Estimate and Certificate No. 2 and issue payment of $11.,747.62 to Danner. Inc. (Motion carried 4-0). C. Report on 1988 MSA Maintenance Expenditures City Enginer Bohrer reported that in 1.988 the City requested that 25% of its total MSA allotment be available for maintenance. This was done in an effort to reduce the Ci.ty's total fund balance and avoid a penalty. In 1988 the City received $35,652 to be used for maintenance of MSA streets. Prior to December 31, the City Engineer must file an Annual State Aid Maintenance Report with Commissioner of Transportation which was provided for Council's review. M/S/P Johnson/Moe •- to accept the 1988 State Aid Maintenance Report as presented by the City Engineer. (Motion carried 4-0). D. Request for 1989 MSA Maintenance Funds Larry Bohrer reported the City should request that 25% of its 1989 State Aid allocation be designated for Maintenance to further reduce the Cit.y's large MSA fund. The City's 1989 allocation is estimated to be $159,426; therefore, the estimated 1989 Maintenance portion is $39,856. Resolution 88-53 was provied for Council's review. M/S/P Johnson/Moe - to adopt Resolution 88-53 designating the 1989 MSA Maintenance Allotment. (Motion carried 4-0). E. Evaluation Report - 201 Project Bohrer reported that all systems constructed under the 201 Project were operational by December 31, 1987. The grant requires that these systems shall be monitored for one year thereafter and the Engineer shall prepare a One Year Evaluation Report. Based on this report, the Engineer must certify that the project is adequately treating sewage in accordance with the State permit and that the project is operating as designed. Bohrer reported that water quality samples in October, 1987, prior to system operation, and again in October, 1988, after 10 months of operations, of the monitoring well. near the Oakland School, indicate that the water quality is well within drinking water standards. However, the 1988 analysis found low levels of benzene, ethyl benzene, tetrahydrofuran, and toluene. These compounds are not normally found in sewage. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 1988 PAGE 6 _ Dan Parker, Business Administrator of. School District 834, said the ( l district is conducting more tests to try to determine the origin of these compounds and should have the results back in a week. The City Administrator will. write a letter to the Oakland Jr. High School Principal to request they share the well testing findings with the City so that we are informed of the source identification of the compounds. M/S/P Graves/Moe - to accept and approve the Evaluation Report for One Year Project Certification Wastewater Facilities Improvements, EPA Project No. C-271411, Parts A,,B,C--On-Site Septic Systems, Part D--Off-Site and Collector Septic Systems; and direct the City Engineer to submit this report by December 31, 1.988. (Motion carried 4-0). F. Evaluation Request for Council Action-- SW1 Landfill Permit (Lake Jane Landfill.) Councilmembers Chuck Graves and Dick Johnson, Larry Bohrer and Administrator Morrison met the Washington County Public Health representative Mary Luth and Paul Josephson and Ramsey County representative D. Reagen on November 19th to hear their response to the Council's concern outlined at the Sept. 6th meeting and at the previous meeting with MPCA and representative of the counties. Councilmen Graves and Johnson expanded on their response to the City's position. In regard to the requested road crossing permit for the installation of a pipe across Jama.ca. Ave., City Engineer Bohrer, suggested the council consider granting a pipeline crossing license, renewable at one-year intervals. This gives the City an opportunity to review and renew it at suitable intervals. Bohrer added this will be the first time the water will leave the landfill. site. Its been the City's position, all along, that water does not leave the landfil..l. site. Rose suggested a hold harmless agreement to the City because of a potential problem with the water leaving the site and causing.problems down the line; people could come back and find fault with the City. Sue Dunn expressed her concern on the turnaround time of the water sampling. Graves responded that the County stated one -to -two weeks turnaround and discussed using the firm, Twin City Testing. He had asked, if at all possible, a. continuous monitoring system with an automatic shut -down. Graves expressed the driving force for the City to comply with the County's request is they feel the clean up of the landfill will be quicker because of this. Graves asked the City Attorney the best way to handle this to retain the greatest degree of control. for the City and yet try to cooperate with the County and MPCA to achieve rapid cleanup of the landfill. LAKE ELMO CITY COUNCIL. MINUTES DECEMBER 6, 1988 PAGE 7 d The City Attorney thought a license would be reasonable with renewal at selected intervals, and a hold -harmless agreement would be some type of built-in protection for the City. A license could be granted contingent upon the execution and enforcement of hold -harmless agreement. Todd Williams suggested wording could be added if any of the test results come back above the RAL the City will pull the license, now, and not wait for the EPA or MPCA to react. Administrator Morrison reported the County agreed to report to the City on a monthly basis. It was suggested the County list the standards in the report next to the testing results for purpose of comparison. The Council decided to hold -off on a decision demanding a hearing on this permit before the MPCA Board until the City Attorney drafts the requested documentation. The new City Council will address the option of seeking a public water supply in the area.. M/S/P Johnson/Graves - to direct the City Attorney to draft the documentation requiring implementation of a pipleline crossing license in connection with the permit to cross Jamaca; contingent upon execution and enforcement of a hold -harmless agreement; and incorporation of the (4) conditions set forth at the joint meeting. This agreement will be submitted to the Council for review in early 1989. (Motion carried 4-0). 9. CITY ATTORNEY'S REPORT: Attorney Carlson informed the Council they have received a deposition notice,scheduled for December 15th and asked the Council to check their schedules and, if they cannot make this date, contact Fritz Knaak. Carlson reported they have also received a Certificate of Readiness in the Gorman 201 File. Bohrer added that even though all. of the work on the 201. program is over, we will probably not ask for the grant until we know the outcome of this. In all likelihood the court awards more compensation for the land than we have already paid --that additional cost may be grant eligible because it was imposed on us by a higher authority. 10. CITY ADMINISTRATOR'S REPORT: A. On. and Off -Sale Liquor Licenses The following is a list of the 1989 non-intoxicating/intoxicating liquor license renewal applicaitons. Non -intoxicating malt. liquor: Brooks Superette Off Sale Cimarron Park On Sale LAKE ELMO CITY COUNCIL MINUTES Intoxicating liquor: DECEMBER 6, 1988 PAGE 8 VFW Post 5725 On Sale (Special Club license) On Sale Sunday (4 events per year) Twin Point On Sale Off. Sale On Sale Sunday Tartan Park On Sale On Sale Sunday Lake Elmo Inn On Sale Off Sale On Sale Sunday M/S/P Graves/Moe - to grant an off -sale non -intoxicating malt liquor license to Brooks Superette from January 1, 1989 thru December 31, 1989; contingent on receiving the required bonding and insurance forms and a favorable record check from the Washington County Sheriff. (Motion carried 4-0). M/S/P Graves/Moe - to grant an on -sale non -intoxicating malt liquor license to Cimarron Golf Course from January 1, 1989 thru December 31, 1989; contingent on receiving the required bonding and insurance forms and a favorable record check from the Washington County Sheriff. (Motion carried 4-0). M/S/P Graves/Moe - to grant a Special Club license to VFW Post 5725 for on -sale intoxicating liquor, and an on -sale Sunday intoxicating liquor license for four events per year from January 1,1.989 through December 31„ 1989; contingent on receiving the required bonding and insurance forms and a favorable record check from the Washington County Sheriff. (Motion carried 4-0). M/S/P Graves/Moe - to grant an on -sale, off -sale and on -sale Sunday intoxicating liquor license to Twin hints Tavern from JarPary 1, 1989 thru December 31, 1989; contingent on receiving the required bonding and insurance forms and a favorable record check from the Washington County Sheriff. (Motion carried 4-0). M/S/P Graves/Moe - to grant an on -sale and on -sale Sunday intoxicating liquor license to Tartan Park from January 1, 1989 thru December 3l, 1989; contingent on receiving the required bonding and insurance forms and a favorable record check from the Washington County Sheriff. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 1988 PAGE 9 11. OTHER Being that this will be her last meeting, Councilwoman Armstrong said her tenure with the City has been a good one. Rose added, that the object of a Council is to make history for the City and she was delighted with the making of history of the first woman mayor for the City. Rose wished the new Mayor and Council well. Councilman Johnson extended his appreciation to the Council and City staff: for the enjoyable two years and welcomed the new Councilmembers. M/S/P Graves/Moe - to adjourn the City Council meeting at 9:1.5 p.m. (Motion carried 4-0). ------------- Resolution No. 88-53 Designating the 1989 MSA Maintenance Allotment CITY OF LAKE ELMO g_ 077-7 City of Lake Elms® 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 December 2, 1988 TO: Mayor & Council FROM: Pat Morrison, City Administrator RE: Informational Memo PLANNING COMMISSION APPLICATIONS: Effective January 1, 1989 there will be three vacancies (one existing and two replacements) on the PZ; Lee Hunt and Marge Williams will no longer be serving on the PZ. The Newsletter, which will be mailed on December 6th, will be advising the residents of the Planning Commission vacancies, as well as existing vacancies on the Parks Commission. We have, to -date, received two applications for the PZ--one from Arlyn Christ and the other from Rita Conlin. DNR GRANT: We have been advised by the DNR that our grant request has been approved, and we will be receiving $1,895 toward maintenance of the cross country ski trails at Sunfish Park. PROSECUTING ATTORNEY: Jim McNamara advises that our prosecuting attorney, Carl Blondin, of the Caswell firm may not be available in 1989 as he is going back to law school, part-time, to pursue a specialized field. The only outstanding file he has, over and above normal prosecution cases, is that of Gould/Bjornson, which should be finalized within a couple of months. DETACHMENT/ANNEXATION HEARING: The Hearing was held on November 29th; supplemental papers were submitted which Fritz has ten days to review and respond to; thereafter, it's Judge Maas' decision. Fritz will review further with the Council. APPLICATION FOR PLANNING-30NING COMMISSION APPOINTMENTS CITY OF LAKE ELMO, MINNESOTA 55042 Nov 2 9 1983 NAPE '1qv \r ADDRESS 9 Z 3 3 S PHONE NO. 7'7 - a` -) / s� 04 N DATE /) I R % 83 -7 3 .3 - 2s-0 `( (LI) 1. What do you consider to be the major planning and development issues confronting the City of Lake Elmo? ��Qm• W �-Lw+ 0.. / Lt/ b-�--��(Y' '1614 ^Nj( /_�,t�..Yi.��2Q.f-w _ I//Jv D--Y)'w'a/v �7'pY1.Ga.....�..�� '�•Cf+^✓!Gca�y GC-u/-c�.� tiv� (j� a,.,,,� W.F Y"C+ O"^-^- (u'`ti.n" !l°-a"�'..���--�-Y .F +•w 0-N _ _ �""'^.. 2. What do you see as the role and function of the Planning Commission? How does this relate to the role and responsibility of the City Council in planning. -o 7 U -47 1 �,.o.4-� yQ't--.�—d-o-...� - '�?•✓'y¢�.� �„ �-.G� 3. What experience and qualifications do you have which you feel will contribute to the Planning Commission's work and which will enable you to provide a service in this regard? j ✓✓ m• � ,z.o�� o- � '7.1Jcw� o-. . �f-ypNC'� Y7v �'�-o /�-�-�+ 4. How much time do you have or are you willing to devote to Planning Commission activities? 4 :%,� 5. What property or development interest, either direct or indirect, do you have within Lake Elmo? 7 ri� � /- _ �}'�"-~' `✓/ /'a-/l' GL�U�/-.+mot /GC�3�, �U2 //ilw� Lw� Please complete and return to the City Office. APPLICATIAN FOR PLANNING -ZONING COMMISSION APPOINTMENTS CITY OF LAKE ELMO, MINNESOTA 55042 DEC 1 1966 DATE December 1, 1988 NAME Rita Conlin ADDRESS 8560 Ironwood Trail North, Lake Elmo MN 55042 PHONE NO. 770-8112 1. What do you consider to be the major planning and development issues confronting the City of Lake Elmo? What is your position on these matters? #1. The development of a Dump in the Lake Elmo Regional Park Reserve; This must be prevented because a landfill and a park are not compatable, nor can the ground water or the environment of Lake Elmo be further jepardized. #2• Sewer; Sewer would encourage smaller lot.sizes, and adversely -affect the rural atmosphere mandated by the people of Lake Elmo. 43. _Commercial Development; Commercial development of any sort should be carefully scrutinized, -and all determining factors based on public opinion and conducive to the Comprehensive :..... Plan. 2. What do you see as the role and function of the Planning - Commission? How does this relate to the role and responsibility of the City Council in planning and development matters? The Planning Commission is made up of city residents representing the broad scope of the population, that are concerned and care about the future of their community. In a democratic fashipn, they oversee .`.public hearings, meet to discuss issues concerning planning and development, collect data, and give responsible information and recommendations to the city council. 3. What experience and qualifications do you have which you feel will contribute to the Planning Commission's work and which will enable you to provide a service in this regard? I have served as a core member of Recycle and Preserve Parks for two years. This experience has given me knowledge in government and governmental agencies. I am a resident of Lake Elmo, having lived here 11 years, and Ii.feel it is a wonderful community and I wish to preserve this. I have served on Homestudy Groups of the University of MN, 2 years as President, and on my own church council 4. HurtYmJ R o9ouia�e°ornare orientated, and devote to what I believe in. Planning Commission activities? The required amount of time. 5. What property or development interest, either direct or indirect, do you have within Lake Elmo? My husband and I own a acre lot that our home stands on, in Tablyn Park. We have no other property, nor do we have any development interests in Lake Elmo. Please complete and return to the City Office. 91106 91107 91108 91109 91122 91123 91124 91129 91130 91132 91133 91134 91135 91136 91137 91138 91139 91140 91141 91142 91143 91144 91j45 91146 91147 91148 91149 91150 91151 91152 91153 91154 91155 91156 91157 91158 91159 CLAIMS TO BE APPROVED AT DECEMBER 6, 1988 LAKE ELMO COUNCIL MEETING (all claims are within budget unless otherwise noted) Lake Area.Utility - 201 Sewer - approved 11/15 mtg $ 1,380.00 Valley Paving - final payment overlay project -.approved 64,961.45 Ace Blacktop - Patch & Overlay - approved 11/15 mtg. 10,288.65 thru December 2nd payroll 10,402.21 Commissioner of Revenue - November State withholding 817.00 thru Additional men - Fire call compensation (from 11/15 claims) 3,026.50 thru Office $17.95 Cleaning Fire 3.55 21,50 Postmaster - postage meter 400,00 Arlyn Christ - 2nd 1/2 Mayor Salary - - 1,200.00 Rosemary Armstrong -.2nd 1/2 Council Salary -- 900.00 .Charles Graves 900,00 Donald Moe - - - RichardSohnson " TV900.00 900.00 LMCIT - December hosp, insurance premium - 1,938.34 Minn. Benefit Assn. - Dec.,premium 56.00 Allied Group Insurance Trust - December premium 81.79 ,Four Seasons Services - Coffee etc. 21.75 Spartan Promotional -1988 mugs -- - 196.32 American Typewriter - Office supplies $ 201.98 Fire Dept. 21 '70 Pitney Bowes copy,machine supplies Accudata, Inc. - Office supplies (duplicate checks) Blind Custodial Products - Ice melt - Office maint. American Linen - Office bldg. maint. Bellaire Sanitation - Office bldg. maint,'(dumpster) Merle Eastman - Nov, animal control officer Gerald Dahlberg - Nov. animal control officer Oakwood Animal Hospital - Nov, animal control City of North St. Paul - Animal control vehicle AT & T- Telephones - Fire $ 9.77 Maint. 2.,5:3 . . AT & T - leased equip - Fire .90 Maint. 23.22 U.S, West - Office $ 171.77 Fire 106.77 Maint. 57.29 Park 12.52 AT & T - Office telephones Northern States Power - Office $ 161.68 Fire 276.11 Maint. 191.84 Street lites 708.37 Parks 152.00 Sewer Fd. 16.67 Water Fd. 321.87 TKDA - Engineering - General $ l'F58.0U- Pass Thru 1,381.64 223.68 312.00 299.34 33.90 34.53 53.82 210.00 195.00 238.50 165.00 12.30 37.12 348.35 66.95 1,828.54 3,239.64 (over) DECEMBER 6th CLAIMS (continued) 91160 Rauenhorst, Carlson & Knaak - Legal - General $ 2,721.14 201 Sewer Fd. 55.00 $ 91161 Caswell & Assoc. - legal retainer 91162 Frank Langer - Assessor monthly payment 91163 St. Croix Valley Clinic - Fire Dept. physical 91164 St. Paul Radiology - Fire Dept. injury 91165 Astleford International - Fire Dept. truck repair 91166 Minn. Conway Fire & Safety - Fire Dept, supplies 91167 Nardini Fire Equip.- Fire Dept. supplies 91168 Mid -Central - Fire Dept. supplies 91169 Smoke -Eater - Fire Dept. subscriptions 91170 thru 91173. Firefighters pay (reimbursed by L.E.Hdw.Lbr.) 91173 N.E. Metro 916 - Firefighter & EMS tuition- 21 men 91174 Clark Equip. Credit Corp. - Maint. Dept. loader pmt. -- 91175 Transport Clearings - Maint. Dent. supplies - - 91176 Northern Hydraulics - Maint. Dept, supplies 91177 Wash. Cty Treas. - Salt/sand for 1988 $ 5,162.61 Road Grading -Oct.• •538.32 - Signs 143.50 Road Striping 929.58 91178 Parker Cleaning Products - Maint. Dept. supp—'des 91179 T. A. Schifsky & Sons - Maint. Dept. street supplies 91180 Pioneer Rim & Wheel - Maint. Dept. parts & repair 91181 American Semi -parts & service - Maint. Dept. parts & repair 91182 MacQueen Equip. - Maint. Dept. parts & repair 91183 Elmo Lumber & Plywood - Maint. dept supplies 91184 Action Rental - Maint. Dept: - 91185 Northern Gases Maint: dept supplies 91186 Garelick Steel - Maint. Dept. supplies 91187 Arrow Bldg. Center - Parks dept. Hockey rinks 91188 Metro Waste Control - sewer service chgs 91189 Feed -Rite Controls - Water Dept. chemicals 91190thru 91203 December 16th payroll 91204 thru 91217 December 30th payroll Total 2,776.14 900.00 1,000.00 127.00 21.00 5.00 773.00 599.00 15.30 42.00 240.00 1,107.00 1,556.00 38.00 106.95 6,774.01 . 220.00 90.42 96.28 16.13/ 71.44 \ 9.30 53.00 39.04 134.50 174.00 68.54 329.73 9,536.87 10,000.00 $ 142,609.83 INVOICE 1 1988 maD - TOLTZ, KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 65101.1893 612/292.4400 FAX 612/292.0083 City of Lake Elmo P. O. Box J Lake Elmo, MN 55042 Date: November 28, 1988 Commission Number: 9150-008 For General Engineering Services as listed below, for October, 1988. Authorization dated February 2, 1988. 1. Brookman 3rd Addition - 39th Street Plans: Bohrer, L. 8.00 airs. @ 22.07 = Malszycki, M. 8.00 176.56 Hrs. @ 12.98 = 103.84 Olson, J. 16.00 Hrs. @ 6.50 = 104.00 Expenses: oncac: L. Bohrer - Travel 384.40 x 2.75 = 1,05710 4:00 Quicksilver Express (inv. copy attached) 13.20 2. Crombie 2nd Addition: Bohrer, L. 2.00 Hrs. n �T @ 22.07 = 44.14 x 2.75 = 121.39 3. Tartan Meadows 3ni Addition: Bohrer, L. 3.00 Hrs. @ 22.07 = 66.21 x 2.75 = 182.08 Expenses: L. Bohrer - Travel 3.87 4. Jim Douglas - Extra Fill Permit: Rohrer, L. 0.50 Hrs. @ 22.07 = 11.04 x 2.75 = 30.36 5. Oliver Anderson Shoreland Permit: Bchrer, L. 0.50 Hrs. @ 22.07 = 11.04 x 2.75 = 30.36 6. 33rd and Klondike Overlav Protect: Bohrer, L. 16.25 Hrs. @ 22.07 = 358.64 x 2.75 = 986.26 Expenses: L. Bohrer - Travel 21.38 7. CSAH Re -designation - Effect on MSA Mileage: Bohrer, L. 1.50 Hrs. @ 22.07 = 33.11 x 2.75 = 91.05 Page 2 INVOICE Commission No. 9150-008 8. MSA Designation of Additional Mileage: Bohrer, L. 2.50 Hrs. @ 22.07 = 55.18 x 2.75 = 151.75 9. Residential Estates Zoning District: Bohrer, L. 5.25 Hrs. @ 22.07 = 115.87 X 2.75 = 318.64 Expenses: L. Bohrer - Travel 7.88 10. Legion Avenue Spillway -'Investigate Cleaning with Maintenance Deoartment• Bohrer, L. 1.00 Hrs. @ 22.07 = 22.07 x 2.75 = 60.69 Expenses: L. Bohrer - Travel 7.88 11. Fire Station No. 2 - Investigate Site Grading to Improve Drainage: Bohrer, L. 2.00 Hrs. @ 22.07 = 44.14 x 2.75 = 121.39 12. Review Council Agenda Packets: Bchrer, L. 0.50 Hrs. @ 22.07 = 11.04 x 2.75 = 30.36 AMOUNT DUE $ 3,239.64 // 4Sv, yY 3JG, S� 1s9, Z-S State of Minnesota) ss 3i °� 3 9, / County of Ramsey Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a public, this 28 day of Nov , 198 w w LINDA E. SCHOREY i NOTARY PUBLIC-NNESOTA !'gypMIRAMSFP COUNTY MY COMM. EXPIRES AUG. 10, 1989 ♦VVN 1 1 u • a�• • • ••..•.. RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW - ROSEDALE CORPORATE PLAZA 2885 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 November 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn � VW u FOR PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION 10 31/88 .75 Prep for Council Meeting (FWK) 11/03/88 .25 Phone conference - P. Morrison (FWK) 11/04/88 .5 Phone conference - P. Morrison, Council members, staff (FWK) 1.0 Research re defamation allegations (FWK) 11/09/88 .5 Phone conference - P. Morrison and staff re misc mat - tens (FWK) ��tiuxa 11/10/88 .25 Phone conference - P. Morrison (FWK) - SA 11/11/88 1.0 Letter to Mr. Biglow; Review of election materials; Revise JPA draft re Fire/Emergency (FWK) (t 11/12/88 1.0 Phone conference — P. Morrison; Research (FWK) 11/15/88 4.0 Review, prep and attendance at Council Meeting (FWK) 11/16/88 .25 Phone conference — P. Morrison re misc matters (FWK) 11/21/88 .5 File review and Prep for Morrison meeting; Phone con— ference — City personnel re Zoning matter (FWK) 11/22/88 .5 Office conference with P. Morrison re misc matters (FWK; e ;4+'txn t i'...,. v � �.',rs" i" .M c. a 4'.x � ii 'f' ¢a} , :. a--. ^•.rn; City of Lake Elmo — General November 26, 1988 Page Two Retainer received 11/18/88 for October services Attorney Hours Covered by Retainer: Pef ederic W. Kn —605.00 RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ROSEDALE CORPORATE PLAZA 2655 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 November 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Derrick FOR PROFESSIONAL SERVICES RENDERED tV(akEj DATE AMOUNT DESCRIPTION 11/17/88 30.00 Response to additional Discovery Request BALANCE OUTSTANDING w 151.35 Payment Received — Thank You 151.35 Total Lawyers' Services 30.00 Total Paralegal Services .00 Costs & Disbursements .00 Word Processing Services .00 TOTAL AMOUNT DUE 30.00 I declare, under the penalties of law, that t above/ccoun , claim or demand is true and correct. x OR RAUENHORST CARLSON & KNAAK �- ATTOflN1 AT LAW ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 November 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (S) Attention: Marilyn _ Re: SeverinVM �I .._- [. FOR PROFESSIONAL SERVICES RENDERED - - - �" DATE AMOUNT DESCRIPTION -10/26/88 88.95 paid Court.Reporter for Transcript of Deposition 90.00 File review; Draft Request for Production of Documents 10/27/88 30.00 Revise Request; Letter to T. Okoneshi 15.00 Word Processing 3.50 Copy of Letter to Client 64.00 Photocopies 11/15/88 82.50 Review Deposition; Letter to B. Schwab 5.00 Word Processing 11/22/88 15.00 Phone conference — B. Schwab BALANCE OUTSTANDING Payment Received — Thank You Total Lawyers' Services Total Paralegal Services Costs & Disbursements Word Processing Services TOTAL AMOUNT DUE I declare, under the penalties of law, that demand is true and correct. 208.50 —208.50 221.00 .00 152.95 20.00 A93.95 above _ppun,C �Claimor n. W. RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 November 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Federal Land 'u FOR PROFESSIONAL SERVICES RENDERED DATE _AMOUNT DESCRIPTION 11 04/88 15.00 Review correspondence from opposing counsel (SPC) 11/07/88 15.00 Review correspondence and Discovery Request; Letter to P. Morrison (FWK) 10.00 Word Processing -3.50 Copy -of Letter to Client BALANCE OUTSTANDING 105.00 Payment Received — Thank You—105.00 Total Lawyers' Services Total Paralegal Services Costs & Disbursements Word Processing Services TOTAL AMOUNT DUE 33.50 .00 10.00 43.50 I declare, under the penalties of law, that the above account claim or demand is true and correct. rederic W. Kna, M RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ROSEDALE CORPORATE PLAZA _ - 2665 LONG LAKE ROAD ` ROSEVILLE, MINNESOTA 55113 •. ...:..; ,.,:,r November 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: McCollar -DATE L SERVICES RENDERED - FOR PROFESSIONAL AMOUNT DESCRIPTION I1/02/88 45. 00 Phone conference — attorney; File review 11/17/88 -15.00 Letter to Manderscheid 11/18/88 5.00 Word Processing 3.50 Copy of Letter to Client BALANCE OUTSTANDING 125.00 Payment Received —Thank You 125.00 Total Lawyers' Services 63.50 ��,rl�sss'zkrti•:~"wa Total Paralegal Services .00 Costs & Disbursements .00 Word Processing Services 5.00 TOTAL AMOUNT DUE 68.50 I declare, under the penalties of law, that the above ace unt, c im or demand is true and correct. /edWe'ricftW.Knaak r " .. a 4 u- : m- .•rc�, n ;:TiEx k 4utP ex-i. }w +. ^,; , s:. 1 e8�s," {•.:, h. f.t s,- RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 November 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (F) Attention: Marilyn Re: Section 32 ` FOR PROFESSIONAL SERVICES RENDERED DATE 1 AMOUNT DESCRIPTION -': ' 10 21/88 21.29 Paid Dependable Courier for Service 10/26/88 30.00 Phone conference - Attorney General's office (SPC) 10/27/88 30.00 --Receipt and initial reveiw of transcript (SPC) 10/31/88 75.00 Review Transcript (FWK) - 11/02/88 60.00 Office Conference with SEC; Review Transcript (FWK) 30.00 Conference with FWK; Phone conference - K. Rascke, Attorney General's office (SPC) 15.00 Phone conference - District Court (SPC) 11/03/88 45..00 Review Transcript (FWK) 210.00 Phone conference - Attorney General's office; Letter to Attorney General; Review Transcript (SPC) 5.00 Word Processing 17.50 Copy of Letter to Client 11/04/88 210.00 Prep and review for draft of memo (SPC) 30.00" Record review (FWK) 11/07/88 30.00 Phone conference - client; Review transcript (SPC) 15.00 Phone conference - M. Vierling (SPC) 11/08/88 150.00 Draft Memorandum (SPC) - "`'"��' 15.00 Word Processing City of Lake Elmo — Section 32 November 26, 1988 Page Two 11/09/88 90.00 Prep for Hearing; Research; Review Transcript (FWK) 11/15/88 165.00 Draft Memorandum (SPC) 11/16/88 45.00 Review Appeal (FWK) 11/17/88 45.00 Word Processing 11/18/88 90.00 Revise Draft (SPC) 55.00 Word Processing 2.40 Postage 11/21/88 90.00 Revise Brief (SPC) r 11/22/88 70.00 Word Processing " '30.00 Serve and File Brief and Proposed Order (SPC) 14.00 Photocopies BALANCE OUTSTANDING 886.10 v —886.10 Payment Received — Thank You Total Lawyers' Services 1,457.50 Total Paralegal Services .00 i�a ami Costs & Disbursements 37.69 _ Word Processing Services 190.00 TOTAL AMOUNT DUE 1,685.19 I declare, under the penalties of law, that the above demand is true and correct. ,Xlaim or RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ROSEDALE CORPORATE PLAZA 2865 LONG LAKE ROAD p ...7.. - ROSEVILLE, MINNESOTA 55113 November 26, 1988 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 (S) Attention: Marilyn Re: 201 Condemnation PROFESSIONAL SERVICES RENDERED DATE AMOUNT DESCRIPTION - .. 5 11/10/88 55.00 Review correspondence; ._ Letter to client 148.50 EALANCE'OUTSTANDING —148.50 Payment Received — Thank You 55.00 Total Lawyers' Services .00 Total Paralegal Services .00 N Costs & Disbursements .00 Word Processing Services TOTAL AMOUNT DUE 55.00 I declare, under the penalties of law, that th above ace unt, im or demand is true and correct. F deric W. Knaak Since we do not have time to discuss every point presented, it may seem that { decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL MEETING DECEMBER 6, 1988 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: November 15, 1988 3. Claims 4. Public Inquiries 5. REAPP Report 6. Solid Waste Committee Report (B.Dunn/T.Carl.son) 7. PLANNING/LAND USE/ZONING: A. PUBLIC HEARING: Variance, OHWM Setback & Shoreland Permit (Roger/Everett Beaubien) B. PUBLIC HEARING: Variance, Sideya.rd Setback &Shoreland Permit (David Schwarz) 8. CITY ENGINEER'S REPORT: A. Final Payment, Ace Blacktop Patch/Overlay 33rd St. & Klondike B. Final Payment, Danner, Inc. 47th St. MSA Improvement C. Report on 1988 MSA Maintenance Expenditures D. Request for 1989 MSA Maintenance Funds Evaluation Report - 201 Project y. Evaluation Request for Council Action-- {' SWI Landfill. Permit (Lake Jane Landfill) 9. CITY ATTORNEY'S REPORT: (over) i I) 10. CITY ADMINISTRATOR'S REPORT: A. On and Off -Sale Liquor Licenses 11. Adjourn PLEASE NOTE: The following regularly scheduled December meetings have been cancelled: DEC. 5 Parks Commission DEC. 20 City Council DEC. 26 Planning Commission FUTURE MEETINGS: Dec. 14 Dec. 23&26 Dec. 28 Jan. 2 Jan. 3 Jan. 9 Jan. 9 Jan. 1.7 Jan. 23 Staff Meeting -Residential Estates HOLIDAY Solid Waste Committee HOLIDAY City Council Meeting Parks Commission (Conf. Rm) Planning Commission (Council chambers) City Council Meeting Planning Commission